THOMAS v. UNITED STATES

No. 23264.

372 F.2d 252 (1967)

David THOMAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 13, 1967.


Attorney(s) appearing for the Case

J. F. Hulse, Barney Oden, Jr., El Paso, Tex., for appellant.

Mario J. Martinez, El Paso, Tex., Ernest Morgan, U. S. Atty., San Antonio, Tex., for appellee.

Before HUTCHESON, WISDOM and BELL, Circuit Judges.


HUTCHESON, Circuit Judge:

Appellant Thomas was convicted of importation and concealment of heroin and marihuana, and failure to pay a transfer tax on the marihuana. See 21 U.S.C. §§ 174, 176a; 26 U.S.C. § 4744 (1). His motion to suppress evidence on the ground that it was obtained by an unreasonable search was denied, the District Court for the Western District of Texas holding that customs agents were acting within the scope of their authority to conduct...

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