UNITED STATES v. DURHAM

No. 24572.

419 F.2d 392 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. George Washington DURHAM, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

November 12, 1969.


Attorney(s) appearing for the Case

Gerald R. Pullen (argued), Portland, Or., for defendant-appellant.

Jack Cullen (argued), Jack Collins, Asst. U. S. Attys., Sidney I. Lezak, U. S. Atty., Portland, Or., for plaintiff-appellee.

Before JERTBERG, BROWNING, and HUFSTEDLER, Circuit Judges.


PER CURIAM.

Defendant was retried following the reversal reported in Durham v. United States, 403 F.2d 190 (9th Cir. 1968), and was again convicted. His sole contention on this appeal is that the discovery of the wallet on May 7 was the fruit of an unlawful search conducted two days earlier. There is nothing in the present record, however, to change our conclusion on the prior appeal that "[i]f the unlawful search or questioning of...

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