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UNITED STATES v. DAVIS

No. 82-1205.

714 F.2d 896 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Shelton DAVIS, III, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1983.

Attorney(s) appearing for the Case

Eric L. Dobberteen, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Philip A. DeMassa, San Diego, Cal., for defendant-appellant.

Before SKOPIL, NELSON and CANBY, Circuit Judges.

CANBY, Circuit Judge:

This case returns to this court following remand to the district court. On the prior appeal appellant Davis's judgment of conviction was vacated and his case was remanded for a limited evidentiary hearing. The district court was instructed to determine whether the affiant in an application for a search warrant "acted with deliberate falsehood or reckless disregard for the truth by incorrectly claiming that he ... had personal knowledge of the...

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