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U.S. v. WHITNER

No. 00-3068.

219 F.3d 289 (2000)

UNITED STATES of America, Appellant, v. James Regis WHITNER, Jr., a/k/a Jr.

United States Court of Appeals, Third Circuit.

Filed July 20, 2000.

Attorney(s) appearing for the Case

Harry Litman, United States Attorney, Bonnie R. Schlueter, (argued), Assistant United States Attorney, United States Attorney's Office, Western District of Pennsylvania, Pittsburgh, PA, Attorneys for Appellant.

David S. Shrager, (argued), Shrager & Medoff, Pittsburgh, PA, Attorneys for Appellee.

BEFORE: GREENBERG and WEIS, Circuit Judges, and SCHWARTZ, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. BACKGROUND

The United States appeals from an order of the district court entered January 10, 2000, suppressing evidence obtained from the residence of defendant, James Regis Whitner, Jr., during a search conducted pursuant to a search warrant. A United States magistrate judge issued the search warrant on August 26, 1999, on the basis of an affidavit of Drug Enforcement Task Force Officer Anthony...

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