United States v. Edward Ellsworth Wilson

Ninth Circuit

United States v. Edward Ellsworth Wilson

392 F.2d 979, 1968 U.S. App. LEXIS 7113

Court of Appeals for the Ninth Circuit·Decided May 2, 1968·No. 22221_1·Published·Cited by 2 cases

Opinions

PER CURIAM:

This is an appeal, by the government from an order made by the district court under Rule 41(e) and 57(b), Fed.R.Crim.P., after a hearing which suppressed certain physical evidence, i. e., marijuana. Appellee had been indicted for a violation of 21 U.S.C. § 176a, and had pleaded not guilty. Jurisdiction here rests on 18 U.S.C. § 1404 and 28 U.S.C. § 1294.

An appeal from another portion of the district court order was neither waived nor urged by the government, on oral argument. We consider it moot.

On the authority of Corngold v. United States, 367 F.2d 1 (9th Cir. 1966), the order of suppression is affirmed.

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PER CURIAM:

This is an appeal, by the government from an order made by the district court under Rule 41(e) and 57(b), Fed.R.Crim.P., after a hearing which suppressed certain physical evidence, i. e., marijuana. Appellee had been indicted for a violation of 21 U.S.C. § 176a, and had pleaded not guilty. Jurisdiction here rests on 18 U.S.C. § 1404 and 28 U.S.C. § 1294.

An appeal from another portion of the district court order was neither waived nor urged by the government, on oral argument. We consider it moot.

On the authority of Corngold v. United States, 367 F.2d 1 (9th Cir. 1966), the order of suppression is affirmed.

United States v. Edward Ellsworth Wilson, 392 F.2d 979, 1968 U.S. App. LEXIS 7113 (9th Cir. 1968).

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