UNITED STATES v. HOLE

No. 77-1400.

564 F.2d 298 (1977)

UNITED STATES of America, Appellee, v. Robby Dean HOLE, Appellant.

United States Court of Appeals, Ninth Circuit.

November 7, 1977.


Attorney(s) appearing for the Case

John E. Virga, Sacramento, Cal., for appellant.

Thomas T. Couris, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before DUNIWAY and KILKENNY, Circuit Judges, and SKOPIL, District Judge.


SKOPIL, District Judge:

Appellant argues that the district court should have granted his motion to suppress evidence on the ground that the affidavit submitted in support of the request for search warrant contained an unintentional, though material, false statement. We disagree and affirm.

Factual and Procedural Background

On June 29, 1976, an agent of the Bureau of Alcohol, Tobacco and Firearms Enforcement, Department of the Treasury ("ATF...

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