UNITED STATES v. STANERT

No. 84-5128.

762 F.2d 775 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley Mills STANERT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1985.


Attorney(s) appearing for the Case

Roger W. Haines, Jr., Maria T. Arroryo-Tabin, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Craig E. Weinerman, San Diego, Cal., for defendant-appellant.

Before GOODWIN, POOLE, and BOOCHEVER, Circuit Judges.


POOLE, Circuit Judge:

Stanley Mills Stanert appeals his conviction for conspiracy to possess with intent to distribute a controlled substance in violation of 21 U.S.C. § 846. He contends that the district court improperly denied his pretrial motion to suppress evidence found at his residence and challenges the sufficiency and accuracy of the affidavit used to obtain the search warrant. We agree with appellant that he is entitled to an evidentiary hearing to challenge...

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