UNITED STATES v. CHESHER

No. 80-1011.

678 F.2d 1353 (1982)

UNITED STATES of America, Appellee, v. Lawrence Gilbert CHESHER, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1982.


Attorney(s) appearing for the Case

Doron Weinberg, San Francisco, Cal., argued, for appellant; Larson, Weinberg & Harris, San Francisco, Cal., on brief.

Sanford Svetcov, Chief Asst. U. S. Atty., San Francisco, Cal., argued, for appellee; Richard Dondero, Asst. U. S. Atty., San Francisco, Cal., on brief.

Before GOODWIN and NORRIS, Circuit Judges, and McNICHOLS, District Judge.


NORRIS, Circuit Judge:

Appellant Lawrence Chesher was convicted on stipulated facts of having manufactured methamphetamine, a Schedule II non-narcotic controlled substance, in violation of 21 U.S.C. § 841(a)(1).

Chesher challenges the district court's denial of his timely motion to suppress evidence as illegally obtained. He argues that the drug laboratory seized in his residence should have been suppressed because it was neither seized pursuant to a...

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