UNITED STATES v. TASTO

No. 78-5211 Summary Calendar.

586 F.2d 1068 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Harold TASTO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 22, 1978.


Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Robyn J. Hermann, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., Barbara D. Schwartz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.


PER CURIAM:

The search warrant was not invalid. The government concedes that the affidavit erroneously stated that when three chemicals, constituents in the manufacture of PCP (a controlled substance), were combined with a fourth chemical substance PCP would be produced. An expert testified that six chemicals are required to produce PCP. The appellant has not established that the misstatement by the affiant was either intentional or made with reckless disregard for...

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