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GAITAN v. UNITED STATES

No. 7270.

317 F.2d 494 (1963)

Joseph Aguilar GAITAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 19, 1963.

Attorney(s) appearing for the Case

Leonard Ripps, Denver, Colo., for appellant.

Lawrence M. Henry, U. S. Atty. for Dist. of Colorado (Michael C. Villano, Asst. U. S. Atty. for Dist. of Colorado, with him on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

For the third time appellant Gaitan seeks relief from his conviction on narcotics charges. In a direct appeal from the judgment of conviction he contended that his Fourth Amendment rights had been denied by the rejection of his motion, under Rule 41(e), F.R.Crim.P., to suppress evidence consisting in part of a quantity of marijuana illegally seized from his premises by local police officers. Over objection, the marijuana was received in...

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