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U.S. v. DAVIS

Nos. 89-10415, 89-10416, 89-10451 and 90-10055.

932 F.2d 752 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Sonnie DAVIS, Defendant-Appellant, v. Kevin DAVIS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Kevin DAVIS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 17, 1991.

As Amended on Denial of Rehearing June 24, 1991.

Attorney(s) appearing for the Case

Francia M. Welker, Oakland, Cal., for defendant-appellant, Sonnie Davis; Stephen Shaiken, San Francisco, Cal., for defendant-appellant-cross-appellee, Kevin Davis.

Rory K. Little, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee-cross-appellant.

Before TANG and NOONAN, Circuit Judges, and SHUBB, District Judge.

SHUBB, District Judge:

I. OVERVIEW

This case involves a conspiracy to distribute heroin and an attempt to kill a potential government witness. Sonnie Davis appeals the denial of a motion to suppress evidence supporting his conviction for possession with intent to distribute heroin in violation of 21 U.S.C. § 841(a)(1). He argues the evidence supporting the conviction should have been suppressed as the fruit...

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