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U.S. v. LEAKE

No. 92-6070.

998 F.2d 1359 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Charles V. LEAKE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 12, 1993.

Rehearing and Suggestion for Rehearing Denied September 28, 1993.

Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Steven B. Pence, Asst. U.S. Atty., Office of the U.S. Atty., Louisville, KY, and Sean Connelly (argued and briefed), U.S. Dept. of Justice, Crim. Div., Washington, DC, for plaintiff-appellant.

Theodore H. Lavit (argued and briefed), Lavit & Abell, Lebanon, KY, for defendant-appellee.

Before: RYAN and SUHRHEINRICH, Circuit Judges; and PECK, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 28, 1993.

RYAN, Circuit Judge.

The government appeals from the district court's order suppressing evidence in this drug trafficking prosecution. The government raises two issues:

(1) Whether the district court erred in finding the state magistrate was not shown that there was probable cause to justify issuance of the search warrant; and 2) Whether, if the warrant was issued...

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