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UNITED STATES v. KISER

No. 82-1487.

716 F.2d 1268 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Dean KISER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 26, 1983.

Attorney(s) appearing for the Case

Phillip Cronin, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Stevan Noxon, Asst. Fed. Public Defender, Fresno, Cal., for defendant-appellant.

Before FAIRCHILD, HUG, and FARRIS, Circuit Judges.

HUG, Circuit Judge:

This case presents a question expressly reserved by the Supreme Court in Franks v. Delaware, 438 U.S. 154, 170, 98 S.Ct. 2674, 2683, 57 L.Ed.2d 667 (1978): Under what circumstances is a defendant entitled to disclosure of the identity of a confidential informant in order to challenge the veracity of a search warrant affidavit?

I

In November 1981, a United States Magistrate issued a warrant...

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