Summary
suppressing evidence where order indicated authorization had been given by acting Assistant Attorney General
Summary of this case from U.S. v. BennettOpinion
Nos. 73-1080 to 73-1083.
Submitted May 13, 1974.
Decided July 16, 1974.
Brian P. Gettings, U.S. Atty., David G. Lowe and Dennis H. Dohnal, Asst. U.S. Attys., on brief, for appellant.
Murray J. Janus, Edward D. Barnes, Matthew N. Ott, Jr., Richmond, Va., James W. Renney, Wakefield, Va., C. Hardaway Marks, Hopewell, Va., C. Willard Norwood, Richmond, Va., J. Claiborne Dance, Richard L. Jones, Petersburg, Va. [Court-appointed counsel], William Earle White, Jr., Andrew W. Wood, Richmond, Va. [Court-appointed counsel], James G. Harrison, Hopewell, Va. [Court-appointed counsel], Robert L. Harris, R. R. Ryder, Joseph S. Bambacus and R. Carter Scott, III, Richmond, Va., on brief, for appellees.
Appeals from the United States District Court for the Eastern District of Virginia, at Richmond; Robert R. Merhige, Jr., Judge.
Before HAYNSWORTH, Chief Judge, and WINTER and FIELD, Circuit Judges.
The issues presented by these appeals were specifically resolved adversely to the Defendants' position by the Supreme Court in United States v. Giordano et al., 416 U.S. 505, 94 S.Ct. 1820, 40 L.Ed.2d 341 (1974) and United States v. Chavez et al., 416 U.S. 562, 94 S.Ct. 1849, 40 L.Ed.2d 380 (1974). The orders of the district court 348 F. Supp. 168 granting the Defendants' motions to suppress are, therefore, reversed and the cases are remanded for further proceedings.
Reversed and remanded.