In a prosecution for a drug-related offense, grant of defendant's motion to suppress evidence is reversed and remanded where, although the district court was correct in finding that much of the information set forth in the affidavit was stale, the non-stale information was, on its own, sufficient to give rise to probable cause to believe that contraband or evidence of a crime would be present in defendant's residence.
Argued: January 12, 2010
Decided and Filed: February 5, 2010
Opinion by Circuit Judge Martin
For Appellant: Daniel Steven Goodman, US Department of Justice
For Appellee: Edward G. Bryan, Federal Public Defender's Office