U.S. v. McKEEVER

No. 88-1985.

905 F.2d 829 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Rocky Dale McKEEVER, Brenda Gayle McKeever, and Stephen C. Newman, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 27, 1990.


Attorney(s) appearing for the Case

Dane A. Barham, Dallas, Tex., for Rocky Dale McKeever.

Denver G. McCarty, Dallas, Tex., for Brenda Gayle McKeever.

E.X. Martin, III, Dallas, Tex., for Stephen C. Newman.

Richard B. Roper, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Fort Worth, Tex., Patty Merkamp Stemler, Deputy Chief, Appellate Sect., Criminal Div., Washington, D.C., for plaintiff-appellee.

Before CLARK, GOLDBERG, GEE, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER and BARKSDALE, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Stephen C. Newman, Rocky Dale McKeever, and Brenda Gayle McKeever appealed their convictions of conspiracy to knowingly and intentionally manufacture phenylacetone. The panel vacated the district court's denial of defendants' motion to suppress and remanded the case. We granted rehearing en banc in this case solely to consider whether Fed.R.Crim.P. 41 is applicable to state search warrants where federal officers participate in the search...

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