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UNITED STATES v. PENN

No. 77-3918.

647 F.2d 876 (1980)

UNITED STATES of America, Appellant, v. Clara B. PENN, a/k/a Clara B. Alexander, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 28, 1980.

Attorney(s) appearing for the Case

John C. Merkel, U. S. Atty., Seattle, Wash., on brief; Christine McKenna, Seattle, Wash., for appellant.

James A. Vonasch, Seattle, Wash., on brief; Jack A. Richey, Seattle, Wash., for appellee.

Before WRIGHT, CHOY, GOODWIN, WALLACE, SNEED, KENNEDY, ANDERSON, HUG, and TANG, Circuit Judges.

CHOY, Circuit Judge:

The district court suppressed a jar of heroin taken from the defendant's backyard, and the government appealed under 18 U.S.C. § 3731.1 After a panel of this court had concluded that reversal was necessary, the panel suggested that the court consider the question en banc. The panel decision has been withdrawn, and the following opinion reflects the view of the majority of the court en banc.

I. Statement...

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