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UNITED STATES v. BLAKE

No. 79-1078.

632 F.2d 731 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry R. BLAKE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1980.

Rehearing Denied November 17, 1980.

Attorney(s) appearing for the Case

Donald B. Ayer, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Patricia V. Trumbull, Asst. Federal Public Defender, San Jose, Cal., for defendant-appellant.

Before TRASK, SNEED and ALARCON, Circuit Judges.

SNEED, Circuit Judge:

This is the second time this case has been before us. The central issue in both appeals has been the legality of the appellant's arrest in his residence by FBI agents acting without a warrant but with probable cause to arrest. Appellant in his first appeal sought to overturn his conviction on the ground that his arrest contravened the Fourth Amendment. Subsequent to the filing of this appeal this court decided United States v. Prescott,

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