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U.S. v. UNDERWOOD

No. 11-50213.

725 F.3d 1076 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. John Michael UNDERWOOD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2013.

Attorney(s) appearing for the Case

Mack E. Jenkins , Assistant United States Attorney, Los Angeles, CA, for Plaintiff-Appellant.

Donald M. Ré , Los Angeles, CA, for Defendant-Appellee.

Before: HARRY PREGERSON, JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

Appellee John Underwood was charged with conspiracy to possess and distribute controlled substances under 21 U.S.C. §§ 841 and 846, and possession with intent to distribute cocaine and ecstasy under 21 U.S.C. § 841. In district court Underwood moved to suppress drug trafficking evidence found during a search of his home, arguing that the state warrant that authorized the search lacked probable cause and the...

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