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UNITED STATES v. TATE

Nos. 81-1206, 81-1207, 86-1208, 81-1223 and 86-1233.

795 F.2d 1487 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Charles TATE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ezeal REAVES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Roosevelt MONTGOMERY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Johnny V. WILLIAMS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Norman SWEENEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 4, 1986.

Attorney(s) appearing for the Case

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

Dave Whitney, Forest Falls, Cal., Victor Sherman, Luke McKissack, Nasatir, Sherman & Hirsch, Victor Sherman, Los Angeles, Cal., Anthony Capozzi, Robert A. Giovacchini, Fresno, Cal., for defendants-appellants.

Before SKOPIL and POOLE, Circuit Judges, and ENRIGHT, District Judge.

ENRIGHT, District Judge:

The opinion in this case was originally filed on December 21, 1981. United States v. Tate, 694 F.2d 1217 (9th Cir.1982), vacated 468 U.S. ___, 104 S.Ct. 3575, 82 L.Ed.2d 873 (1984). In a split decision,1 this court reversed the defendants' convictions, holding that evidence introduced at trial had been seized under warrants issued on an insufficient showing of probable...

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