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U.S. v. GEORGE

No. 91-5669.

971 F.2d 1113 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Cyrus Jonathan GEORGE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 23, 1992.

As Amended August 12, 1992.

Attorney(s) appearing for the Case

Karen Ingrid Skrivseth, U.S. Dept. of Justice, Washington, D.C., argued (William A. Kolibash, U.S. Atty., David E. Godwin, Lisa A. Grimes, Asst. U.S. Attys., Wheeling, W.Va., on brief), for plaintiff-appellant.

Brent E. Beveridge, Fairmont, W.Va., argued, for defendant-appellee.

Before RUSSELL and LUTTIG, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

The United States District Court for the Northern District of West Virginia suppressed evidence critical to the racketeering prosecution of defendant-appellee Cyrus Jonathan George. We reverse in part, vacate in part, and remand.

I.

Dallas P. Rice was shot near his secluded trailer home in Ten Mile, Upshur County, West Virginia, shortly after 5 p.m. on November 14, 1986. See App. at 205-09. Rice's trailer...

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