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UNITED STATES v. WHITNEY

No. 79-1378.

633 F.2d 902 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Charles WHITNEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 9, 1980.

Attorney(s) appearing for the Case

David S. Teske, Federal Public Defender, Portland, Or., for defendant-appellant.

Ronald H. Hoevet, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before BROWNING and ANDERSON, Circuit Judges, and BATTIN, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Following a jury trial, Charles E. Whitney was pronounced guilty of possession of heroin with intent to distribute and distribution of heroin in violation of 21 U.S.C. § 841(a)(1).

Much of the government's case rested on evidence acquired during searches conducted pursuant to two warrants issued by The Honorable Joseph Ceniceros, District Judge for Multnomah County, Oregon. Both warrants were issued upon the affidavits...

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