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U.S. v. NOLAN

No. 98-3193.

199 F.3d 1180 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Marcus NOLAN, also known as Big Marc; and Elizabeth Cunningham, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 22, 1999.

Attorney(s) appearing for the Case

Sean Connelly, Attorney, United States Department of Justice, Denver, Colorado (Jackie N. Williams, United States Attorney, and D. Blair Watson, Assistant United States Attorney, District of Kansas, with him on the brief), for Plaintiff-Appellant.

David M. Rapp, Hinkle, Eberhart & Elkouri, L.L.C. (Michael Roach also appearing), Wichita, Kansas, for Defendants-Appellees.

Before BALDOCK, EBEL, and LUCERO, Circuit Judges.

BALDOCK, Circuit Judge.

A federal magistrate judge issued a warrant to agents of the Sedgwick County, Kansas, Sheriff's Department to search the residence of Defendant Marcus Nolan and seize documents, electronic equipment, and assets relating to drug trafficking. The warrant did not authorize the seizure of drugs or drug paraphernalia. The magistrate judge issued the warrant based on the sworn affidavit of Sergeant Michael Crawford. The affidavit provided in relevant...

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