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U.S. v. CLYBURN

No. 93-5234.

24 F.3d 613 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Charles E. CLYBURN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 18, 1994.

Attorney(s) appearing for the Case

ARGUED: Parks Nolan Small, Federal Public Defender, Columbia, SC, for appellant. Robert Claude Jendron, Jr., Asst. U.S. Atty., Columbia, SC, for appellee. ON BRIEF: J. Preston Strom, Jr., U.S. Atty., Adelaide D. Kline, Third Year Law Student, Columbia, SC, for appellee.

Before WILKINSON and WILLIAMS, Circuit Judges, and BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge BRINKEMA joined.

OPINION

WILKINSON, Circuit Judge:

This case presents the question of whether evidence seized under a state search warrant must be suppressed in a federal prosecution because the affidavit supporting the warrant was supplemented with sworn, unrecorded oral testimony. We hold that the validity of a search warrant obtained by state officers...

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