United States v. Gary Barnett

ALARCON, Circuit Judge:

The government appeals the district court’s order: (1) suppressing all items seized in a search of Gary Barnett’s residence pursuant to a warrant; and (2) prohibiting the government from presenting “[e]vidence that defendant did not advertise in certain recognized scientific magazines.” We reverse.

PROCEDURAL BACKGROUND

On September 4, 1980, Barnett was charged in a three count indictment with: (1) aiding and abetting Donald Eugene Hensley in the attempted manufacture of phencyclidine (Count I); (2) using United States mails to cause and facilitate the commission of the…