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UNITED STATES v. UNDERWOOD

No. 81-1451.

717 F.2d 482 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Jack Leroy UNDERWOOD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1983.

Certiorari Denied February 21, 1984.

Attorney(s) appearing for the Case

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

Edward P. Moffat, Asst. Federal Defender, Fresno, Cal., for defendant-appellee.

Before BROWNING, Chief Judge, GOODWIN, WALLACE, ANDERSON, HUG, TANG, SKOPIL, FLETCHER, FARRIS, PREGERSON, and CANBY, Circuit Judges.

Certiorari Denied February 21, 1984. See 104 S.Ct. 1309.

BROWNING, Chief Judge.

A federal arrest warrant was issued for Underwood, an escaped federal prisoner. Acting on the basis of this warrant, state officers entered a house in which Underwood was staying, arrested him, and seized weapons in plain view. The district court granted defendant's motion to suppress the weapons on the ground that entry without a search warrant identifying the house in which Underwood...

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