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UNITED STATES v. ROSALES

No. 77-3282.

584 F.2d 870 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Frank Patrick ROSALES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing October 23, 1978.

Attorney(s) appearing for the Case

Mark L. Webb (argued), San Francisco, Cal., for plaintiff-appellant.

Emerson E. Stafford, H. Jesse Arnelle, San Francisco, Cal., for defendant-appellee.

Before GOODWIN, WALLACE, and HUG, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc October 23, 1978.

WALLACE, Circuit Judge:

The United States appeals from a ruling made sua sponte by the district court suppressing evidence sought to be introduced against Rosales at his trial for controlled substance violations. At issue is the admissibility of the testimony of a government agent as to statements of an alleged coconspirator naming Rosales as his source of drugs. We reverse.

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