MAHONEY v. UNITED STATES

No. 24533.

387 F.2d 616 (1967)

James Francis MAHONEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 28, 1967.


Attorney(s) appearing for the Case

Jerald David Mize, Houston, Tex., for appellant.

James R. Gough and Donald L. Stone, Asst. U. S. Attys., Morton L. Susman, U. S. Atty., and Fred L. Hartman, Asst. U. S. Atty., Houston, Tex., for appellee.

Before TUTTLE and GEWIN, Circuit Judges, and HUNTER, District Judge.


PER CURIAM.

Upon trial by the Court, appellant having waived jury trial, Mahoney was found guilty of unlawfully importing and transporting narcotics in violation of 21 U.S.C.A. § 174. The appeal is from this judgment of conviction.

A motion to suppress, seeking exclusion of the heroin seized by the narcotics agents was filed prior to trial. A hearing on this motion was held and the trial judge denied it. The motion was renewed and again denied at the...

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