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UNITED STATES v. KESSLER

No. 82-1544.

692 F.2d 584 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Stephen Michael KESSLER, Donald Gene Booth, Inez Eaton Guerrero, Patrick John O'Shea, and Cynthia Lorraine, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1982.

As Amended November 19, 1982.

Attorney(s) appearing for the Case

Jack C. Wong, Asst. U.S. Atty., Portland, Or., for plaintiff-appellant.

Stephen Crew, Ronald Hoevet, Portland, Or., for defendants-appellees.

Before KENNEDY and SKOPIL, Circuit Judges, and JAMESON, District Judge.

KENNEDY, Circuit Judge:

This case is before us a second time, the cause having been remanded for the trial court's further determination respecting the admissibility of certain eyewitness testimony in United States v. Booth, 669 F.2d 1231 (9th Cir.1981). As we again find an inadequate basis for the trial court's suppression order, we reverse.

The facts of the case are set forth in our earlier opinion. The eyewitness...

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