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BROWN v. UNITED STATES

No. 19160.

365 F.2d 976 (1966)

Melvin L. BROWN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 26, 1966.

Petition for Rehearing Denied September 21, 1966.

Attorney(s) appearing for the Case

Mr. Kevin P. Charles, Washington, D. C. (appointed by this court), for appellant.

Miss Carol Garfiel, Asst. U. S. Atty., with whom Messrs. John C. Conliff, Jr., U. S. Atty., at the time the brief was filed, and Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and BURGER and LEVENTHAL, Circuit Judges.

Petition for Rehearing En Banc Denied September 21, 1966.

BURGER, Circuit Judge:

This appeal challenges the admissibility in evidence of items seized from a car Appellant was driving when arrested. His motion to suppress the evidence having been denied, Appellant was convicted of robbery and sentenced to imprisonment for from three to ten years. This appeal followed.

At about 4:20 on the morning of Monday, September 21, 1964, the Howard Johnson Motor...

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