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UNITED STATES v. BUTTON

No. 80-1498.

653 F.2d 319 (1981)

UNITED STATES of America, Appellee, v. Robert BUTTON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1981.

Attorney(s) appearing for the Case

Earl P. Gray, St. Paul, Minn. (argued), Mark W. Peterson, Minneapolis, Minn., for appellant.

Thomas K. Berg, U. S. Atty., Daniel W. Schermer (argued), Asst. U. S. Atty., District of Minnesota, Minneapolis, Minn., for appellee.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and PORTER, District Judge.

DONALD J. PORTER, District Judge.

Defendant was charged in a one-count indictment with possession with intent to distribute phencyclidine (commonly known as "PCP" or "angel dust") in violation of 21 U.S.C. § 841(a)(1). The indictment was based upon items seized in a search of a single-family dwelling in Bloomington, Minnesota, under a search warrant issued by the state district court. The warrant was authorized by a state district judge, based upon the affidavit...

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