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HOLLEY v. UNITED STATES

No. 27071.

412 F.2d 851 (1969)

Stacy Sanford HOLLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 25, 1969.

Attorney(s) appearing for the Case

Robert P. Gaines, Pensacola, Fla. (court-appointed) for appellant.

Clinton Ashmore, U. S. Atty., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

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

PER CURIAM:

The appellant Holley was found guilty by a jury in the United States District Court for the Northern District of Florida on both counts of an indictment charging unlawful possession and transportation of distilled spirits in containers not bearing tax stamps in violation of 26 U.S.C. §§ 5604(a) (1) and 5205(a) (2). Holley contends that he was denied due process of law because the federal agents destroyed the unstamped containers and the distilled...

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