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U.S. v. RICHARDSON

No. 90-2846.

943 F.2d 547 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Luckey RICHARDSON, Jr., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 1991.

Attorney(s) appearing for the Case

Andrew Levchuk, Paula C. Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, Tex., for plaintiff-appellant.

Fred Galindo, Brownsville, Tex., for defendant-appellee.

Before KING and JOLLY, Circuit Judges.

KING, Circuit Judge:

The government appeals the district court's order granting defendant Luckey Richardson's motion to suppress the evidence seized during a search of his home in Los Fresnos, Texas. The court granted Richardson's motion to suppress, finding that the search warrant violated the Fourth Amendment and Fed.R.Crim.P. 41 because the federal magistrate had failed to administer a proper oath or affirmation to Assistant United States Attorney John G. Crews...

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