UNITED STATES v. HUMPHRIES

No. 78-1622.

600 F.2d 1238 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. John Richard HUMPHRIES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 15, 1979.


Attorney(s) appearing for the Case

Edmund G. Noyes, Jr., Asst. U. S. Atty. (argued), Phoenix, Ariz., for plaintiff-appellant.

David S. Hoffman (argued), Tucson, Ariz., for defendant-appellee.

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


CHOY, Circuit Judge:

This is an appeal from the district court's denial of the Government's "Motion for Determination of Admissibility of Evidence" and further order that "all evidence concerning the identity and participation of defendant HUMPHRIES in this case is suppressed." We affirm in part, reverse in part and remand.

I. Statement of the Case

On April 20, 1977, an indictment was returned against appellee Richard Humphries and four others...

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