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BAILEY v. UNITED STATES

No. 24158.

386 F.2d 1 (1967)

La Verl BAILEY and Charles R. SMITH, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 1, 1967.

Attorney(s) appearing for the Case

Royce R. Till, Houston, Tex., for appellants.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Morton L. Susman, U. S. Atty., Ronald J. Blask and Thomas C. McClellan, Asst. U. S. Attys., for appellee.

Before HUTCHESON, WISDOM and GOLDBERG, Circuit Judges.

HUTCHESON, Circuit Judge:

We are again faced with determining the constitutional validity of a seizure of illegally imported narcotics. The District Court denied appellants' motion to suppress heroin and paraphernalia seized from them by United States Customs Officers. Rule 41(e), F.R.Crim.P. Their trial was to a jury, and appellants were convicted of violating the federal prohibitions against concealing and transporting illegally imported narcotics and purchasing...

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