UNITED STATES v. SMITH

No. 78-1962.

588 F.2d 737 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Everette Clarence SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied February 26, 1979.


Attorney(s) appearing for the Case

Carl E. Larson, Asst. Federal Defender, Sacramento, Cal., for defendant-appellant.

Harry E. Hull, Jr., Asst. U. S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before DUNIWAY and SNEED, Circuit Judges, and KELLEHER, District Judge.


SNEED, Circuit Judge:

Smith appeals his conviction for possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). The single issue on appeal is the validity of a search warrant that appellant contends was obtained in reliance on an affidavit containing material misstatements made intentionally or recklessly which, when excised, deprived the affidavit of content sufficient to establish probable cause. The district court denied appellant's motion...

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