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CARTER v. UNITED STATES

No. 19734.

314 F.2d 386 (1963)

A. C. CARTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 6, 1963.

Attorney(s) appearing for the Case

W. O. Cooper, Jr., Macon, Ga., for appellant.

Truett Smith, Asst. U. S. Atty., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before JONES and BELL, Circuit Judges, and GROOMS, District Judge.

GROOMS, District Judge.

Appellant Carter was tried without a jury under a two-count indictment for the possession and transportation of nontax-paid whisky, in violation of Sections 5205(a) (2) and 5604(a) of Title 26 U.S.C. He was found guilty on both counts and sentenced to two years on count one, and placed on probation for three years on count two to begin when released from the sentence on count one.

Appellant made a timely motion under Rule 41(e) of the...

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