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THOMAS v. UNITED STATES

No. 23700.

376 F.2d 564 (1967)

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

United States Court of Appeals Fifth Circuit.

April 27, 1967.

Attorney(s) appearing for the Case

Fred Blanton, Arthur J. Hanes, Birmingham, Ala., for appellant.

R. Macey Taylor, Asst. U. S. Atty., Birmingham, Ala., Theodore George Gilinsky, Atty., Dept. of Justice, Washington, D. C., Macon L. Weaver, U. S. Atty., Birmingham, Ala., for appellee.

Before COLEMAN and DYER, Circuit Judges, and ESTES, District Judge.

COLEMAN, Circuit Judge:

The appellant was convicted of a violation of Section 5811, Title 26 U.S.C.1 The sentence was to two years imprisonment, to run consecutively to the ten year sentence imposed in No. 23,289, this day affirmed.

The sawed off shotgun was produced as the result of a search of appellant's home. The District Court denied a timely motion to suppress this evidence. The appellant says that the search warrant was...

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