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U.S. v. OOLEY

No. 96-50279.

116 F.3d 370 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Norman Lee OOLEY, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted March 6, 1997.

Decided June 25, 1997.

Attorney(s) appearing for the Case

Gerard J. Wasson, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant.

David P. Curnow, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee.

Before: SCHROEDER, WIGGINS, and LEAVY, Circuit Judges.

Argued and Submitted March 6, 1997, as to Appellant.

Submitted March 6, 1997, as to Appellee*.

LEAVY, Senior Circuit Judge:

In this case we must determine whether the district court erred by denying without an evidentiary hearing a motion to suppress evidence obtained in a warrantless search of the defendant's residence. For the reasons which follow, we vacate and remand for further proceedings.

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