UNITED STATES v. MARCELLO

No. 77-1165.

570 F.2d 324 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Peter MARCELLO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 8, 1978.


Attorney(s) appearing for the Case

Don J. Svet, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellant.

Scott McCarty, Albuquerque, N. M. (Marchiondo & Berry, P. A., Albuquerque, N. M., on the brief), for defendant-appellee.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

The only issue in this appeal is whether an affidavit given by an F.B.I. agent to a United States Magistrate was legally sufficient to support the Magistrate's issuance of a search warrant. The trial court ruled that the affidavit was insufficient, and granted the defendant's motion to suppress the use at trial of the fruits of the search. The United States now appeals the ruling of the trial court granting the motion to suppress under 18...

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