UNITED STATES v. McCREA

No. 77-3994.

583 F.2d 1083 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Lee McCREA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Amended October 10, 1978.


Attorney(s) appearing for the Case

Michael J. Cronin (argued), Winston & Cashatt, Spokane, Wash., for defendant-appellant.

Judith Corbin, Asst. U. S. Atty. (argued), Spokane, Wash., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and GRANT, District Judge.


PER CURIAM:

McCrea was convicted in a jury trial of possession of an unregistered firearm (destructive device) in violation of 26 U.S.C. § 5861(d). On this appeal, he contends that certain incriminating evidence should not have been admitted at trial because:

1. No probable cause existed for issuance of the search warrant by which a pipe bomb and other evidence were seized.

2. The search and seizure went beyond the scope of the search warrant...

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