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UNITED STATES v. GARDNER

No. 79-1394.

627 F.2d 906 (1980)

UNITED STATES of America, Appellee, v. Fred Leroy GARDNER, Appellant.

United States Court of Appeals, Ninth Circuit.

July 23, 1980.

Attorney(s) appearing for the Case

Edward E. Houseman, San Francisco, Cal., argued, for appellant; Robert A. Dorne, San Francisco, Cal., on brief.

Sanford Svetcov, San Francisco, Cal., for appellee.

Before CHOY, KENNEDY and ANDERSON, Circuit Judges.

KENNEDY, Circuit Judge:

Appellant Fred Gardner was convicted of distributing and conspiring to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. On a previous appeal from the district court's denial of his suppression motion, this court remanded for a post-conviction hearing. The district court found that the search of Gardner's residence conducted by the police officers following his arrest did not violate the fourth amendment...

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