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U.S. v. Purnell

July 19, 1991

UNITED STATES OF AMERICA
v.
JESUS LARUE PURNELL, APPELLANT



On Appeal from the United States District Court for the Eastern District of Pennsylvania; (D.C. Criminal No. 90-00358-01); District Judge: Marvin Katz.

Sloviter, Chief Judge, Greenberg and Seitz, Circuit Judges.

JUDGMENT ORDER

After consideration of the contentions raised by appellant, to wit:

The district court erred in finding that appellant failed to make a substantial showing that the probable cause affidavit upon which the state search warrant was issued contained a material misrepresentation, or, in the alternative, in finding in effect that in view of the brief ex parte testimony of the affiant at the suppression hearing, appellant's proffered evidence was insufficient as a matter of law to justify a more lengthy, probing examination of the affiant, or an ex parte examination of the informant prior to ruling on appellant's request for a hearing under Franks v. Delaware, 438 U.S. 154 (1978), it is

Ordered and ADJUDGED that the judgment of the district court be and is hereby affirmed.

19910719

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