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U.S. v. BECKER

No. 90-30095.

929 F.2d 442 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Duskin Claude BECKER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted March 8, 1991.

Opinion March 29, 1991.

Attorney(s) appearing for the Case

Deborah J. Dealy-Browning, Asst. U.S. Atty., Eugene, Or., for plaintiff-appellant.

Jay W. Frank, Moule & Frank, Eugene, Or., for defendant-appellee.

Before WRIGHT, CHOY and THOMPSON, Circuit Judges.

ORDER

This case is resubmitted for decision on March 8, 1991.

OPINION

DAVID R. THOMPSON, Circuit Judge:

In this interlocutory appeal, the government appeals the district court's order suppressing evidence obtained by using a jackhammer to search beneath a concrete slab located on premises for which a search warrant had been issued. We have jurisdiction pursuant to 18 U.S.C. § 3731 (1988). We reverse.

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