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UNITED STATES v. BARNETT

No. 81-1102.

667 F.2d 835 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Gary BARNETT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1982.

Attorney(s) appearing for the Case

Brian C. Leighton, Asst. U. S. Atty., Fresno, Cal., for plaintiff-appellant.

Daniel A. Bacon, Fresno, Cal., for defendant-appellee.

Before TANG and ALARCON, Circuit Judges and KELLAM, Senior District Judge.

ALARCON, Circuit Judge:

The government appeals the district court's order: (1) suppressing all items seized in a search of Gary Barnett's residence pursuant to a warrant; and (2) prohibiting the government from presenting "[e]vidence that defendant did not advertise in certain recognized scientific magazines." We reverse.

PROCEDURAL BACKGROUND

On September 4, 1980, Barnett was charged in a three count indictment with: (1) aiding and abetting Donald...

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