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U.S. v. COLLINS

No. 87-1097.

830 F.2d 145 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher A. COLLINS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 15, 1987.

Attorney(s) appearing for the Case

Sanford Svetcov, U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Victoria C. Belco, Federal Public Defender, San Francisco, Cal., for defendant-appellant.

Before ANDERSON, BOOCHEVER and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Christopher Collins appeals his conviction of conspiracy to manufacture methamphetamine and manufacture of this substance. 21 U.S.C. §§ 841(a)(1) and 846. We rule that evidence obtained from an unconstitutional search warrant should be suppressed and reverse his conviction.

FACTS

On May 24, 1986 Cerena Wong, a judge of the Municipal Court in Sebastopol, California, issued a warrant authorizing the search of 373 Springdale...

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