ESPINOZA v. UNITED STATES

No. 18190.

278 F.2d 802 (1960)

Johnny ESPINOZA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 1, 1960.


Attorney(s) appearing for the Case

Robert A. Scardino, Houston, Tex., for appellant.

Robert C. Maley, Jr., Asst. U. S. Atty., Houston, Tex., William B. Butler, U. S. Atty., Houston, Tex., for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.


PER CURIAM.

Defendant (appellant here) was convicted in a trial before the District Court sitting without a jury of knowingly concealing and transporting narcotic drugs in violation of 21 U.S.C.A. § 174. He was sentenced to ten years. His conviction was based in part on the use in evidence of a quantity of narcotics found in his possession at the time of his arrest. Before trial, he moved to suppress that evidence, F.R.Crim.P. 41(e), 18 U.S.C.A., as having been...

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