U.S. v. HEFFINGTON

Nos. 89-10311 to 89-10315.

952 F.2d 275 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Henry HEFFINGTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Manuel Richard ESTEVES, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William Glenn WOMBLE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Steven Gene SILVA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Ray KIRK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 19, 1991.


Attorney(s) appearing for the Case

Douglas B. Cone, Merced, Cal., Patience Milrod, Milrod & Phillips, David E. Roberts, Eric K. Fogderude, Fletcher & Fogderude, Fresno, Cal., Charlotte E. Costan, Burbank, Cal., for defendants-appellants.

Carl M. Faller, Jr., Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before GOODWIN and NOONAN, Circuit Judges, and HUPP District Judge.


GOODWIN, Circuit Judge:

Five defendants appeal their convictions for manufacturing, and conspiracy to manufacture, methamphetamine. They assert nine alleged defects in the trial and sentencing. Two will be discussed in this opinion; the remainder will be considered in an unpublished memorandum.

Appellants argue, inter alia, that the search warrant was defective because it was not issued by a neutral and detached...

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