U.S. v. BATCHELDER

No. 86-2441.

824 F.2d 563 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Cliffton D. BATCHELDER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 15, 1987.


Attorney(s) appearing for the Case

Jon Gray Noll, Springfield, Ill., for defendant-appellant.

J. William Roberts, Asst. U.S. Atty., Gerald D. Fines, U.S. Atty., U.S. Attorney's Office, Springfield, Ill., for plaintiff-appellee.

Before WOOD, RIPPLE, and MANION, Circuit Judges.


MANION, Circuit Judge.

On April 30, 1985, a United States magistrate issued a search warrant based on information more than nine months old. Cliffton Batchelder, who was convicted of firearms charges based on evidence seized during the execution of that warrant, argues that this Court should reverse his conviction because the age of the information precluded the magistrate from making a finding of probable cause. Although there may be circumstances in which the age...

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