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U.S. v. CANCELA

No. 85-6033 Non-Argument Calendar.

812 F.2d 1340 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo CANCELA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 20, 1987.

Attorney(s) appearing for the Case

James F. Gilbride, Scott A. Silver, Miami, Fla., for defendant-appellant.

Leon B. Kellner, U.S. Atty., Sonia Escobio O'Donnell, Mayra Reyler Lichter, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before HATCHETT and CLARK, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

This appeal presents the sole issue of the correctness of the trial judge's denial of Cancela's motion to suppress evidence of the presence of 750 pounds of cocaine on his premises, which motion was based upon alleged false statements in the affidavit of the special agent who procured a search warrant, and based upon the facial insufficiency of the affidavit as a basis for the issuance of the warrant.

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