UNITED STATES v. KANDIK

No. 80-1220.

633 F.2d 1334 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Dennis KANDIK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1980.


Attorney(s) appearing for the Case

Bernardo P. Velasco, Asst. Federal Public Defender, Tucson, Ariz., for defendant-appellant.

James E. Mueller, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before GOODWIN and SCHROEDER, Circuit Judges and JAMESON, District Judge.


JAMESON, District Judge:

Kandik was convicted on four counts of counterfeiting. Two related issues are raised on appeal: (1) whether Kandik is entitled to a hearing to enable him to show that certain testimony at trial was tainted by an illegal search and therefore used in violation of the court's suppression order; and (2) whether Kandik in fact met his burden of showing that the live testimony was tainted. We affirm.

From April to July, 1978, Kandik conspired...

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