UNITED STATES v. OLMSTEAD

No. 82-5194.

698 F.2d 224 (1983)

UNITED STATES of America, Appellant, v. J. Alan OLMSTEAD, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 25, 1983.


Attorney(s) appearing for the Case

William G. Otis, Sp. Asst. U.S. Atty., Alexandria, Va. (Elsie L. Munsell, U.S. Atty., Joseph J. Aronica, Clarence H. Albright, Jr., Asst. U.S. Attys., Alexandria, Va., on brief), for appellant.

J. Frederick Sinclair, Alexandria, Va. (Cohen & Annand, P.C., Alexandria, Va., on brief), for appellee.

Before WIDENER and HALL, Circuit Judges, and BUTZNER, Senior Circuit Judge.


BUTZNER, Senior Circuit Judge:

J. Alan Olmstead was indicted on five counts of income tax fraud. Prior to trial he moved to suppress statements made by him to Special Agent Jon DeVries of the Internal Revenue Service on the ground that the statements were not voluntary. He also sought suppression of documents he had furnished the agent. The district court, after conducting a hearing, granted Olmstead's motion. The government appealed. 18 U.S.C. § 3731.

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