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UNITED STATES v. WELLINS

No. C.A. 80-1194.

654 F.2d 550 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Lawrence WELLINS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1981.

Rehearing and Rehearing Denied October 23, 1981.

Attorney(s) appearing for the Case

James P. Walsh, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellant.

Victor Sherman, Los Angeles, Cal., argued for defendant-appellee; Victor Sherman, Nasatir, Sherman & Hirsch, Los Angeles, Cal., Alan I. Karten, Miami, Fla., on brief.

Before TRASK and SCHROEDER, Circuit Judges, and CARROLL, District Judge.

Rehearing and Rehearing En Banc Denied October 23, 1981.

CARROLL, District Judge.

The United States appeals, pursuant to 18 U.S.C. § 3731, from an order suppressing evidence which was obtained through a "consent" search, and statements made by the defendant following that search.

At approximately 7:30 a. m. on Saturday, May 19, 1979, four agents of the Drug Enforcement Administration (DEA) were admitted to the hotel suite of Appellee, Richard...

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