PAYNE ET AL.

v.

UNITED STATES

Citator

Cited By

• United States v. Hendershot, 614 F.2d 648 (9th Cir. 1980)
  …strate to conclude that it would be reasonable to seek the evidence in the place indicated by the affidavit. United States v. Melvin, 596 F. 2d 492, 495 (1st Cir. 1979); see also United States v. Brown, 455 F. 2d 1201, 1203 (9th Cir.), cert. denied, 406 U.S. 960, 92 S.Ct. 2069, 32 L.Ed.2d 347 (1972); Porter v. United States, 335 F. 2d 602, 604 (9th Cir. 1964); United States v. Lucarz, 430 F. 2d 1051 (9th Cir. 1970). The affidavit conforms to this standard. Nor is a conclusion of the affiant, “[b]ased on my…
• United States v. Jacques, 463 F.2d 653 (1st Cir. 1972)
  …ise, see McGee v. United States, 402 U.S. 479, 91 S.Ct. 1565, 29 L.Ed.2d 47 (1971), and the Selective Service System should be given an opportunity to correct its own mistakes. United States v. Quattrucci, 454 F. 2d 58 (1st Cir. 1972), cert. denied, 406 U.S. 960, 92 S.Ct. 2071, 32 L.Ed.2d 347 (1972). Appellant is thus foreclosed from attacking his classification unless his failure to exhaust is excused, see Part VI, infra, in which case he would be entitled to an acquittal and his claim of improper classi…
• United States v. Tate, 694 F.2d 1217 (9th Cir. 1982)
  …s issued. J.R. Simplot Co. v. Occupational Safety & Health Administration, 640 F. 2d 1134, 1138 (9th Cir.1981), cert. denied, 455 U.S. 939, 102 S.Ct. 1430, 71 L.Ed.2d 649 (1982); United States v. Brown, 455 F. 2d 1201, 1204 (9th Cir.), cert. denied, 406 U.S. 960, 92 S.Ct. 2069, 32 L.Ed.2d 347 (1972). The magistrate’s decision is to be accorded great deference. United States v. Traylor, 656 F. 2d at 1330; United States v. Armstrong, 654 F. 2d at 1335. The unknown informant did not state that the illegal man…