United States v. David Marshall Olof

OPINION

Before BROWNING and ELY, Circuit Judges, and SOLOMON, * District Judge. PER CURIAM:

We reversed appellant’s conviction on the ground that evidence admitted at his trial was obtained in a search in violation of the rule of Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973). The Supreme Court later held the rule of Almeida-Sanchez was to be applied prospectively only. United States v. Peltier, 422 U.S. 531, 95 S.Ct. 2313, 45 L.Ed.2d 374 (1975). The search of appellant’s van antedated Almeida-Sanchez. We therefore granted the government’s petition for…