Court of Appeals for the Tenth Circuit February 8, 1978, 77-1165 (United States v. Peter Marcello)

McWILLIAMS, Circuit Judge.

The only issue in this appeal is whether an affidavit given by an F.B.I. agent to a United States Magistrate was legally sufficient to support the Magistrate’s issuance of a search warrant. The trial court ruled that the affidavit was insufficient, and granted the defendant’s motion to suppress the use at trial of the fruits of the search.