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UNITED STATES v. NAVARRO

No. 28895.

429 F.2d 928 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben NAVARRO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 7, 1970.

Attorney(s) appearing for the Case

R. Norvell Graham, Jr., San Antonio, Tex., for defendant-appellant.

Seagal V. Wheatley, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEWIN, GOLDBERG and SIMPSON, Circuit Judges.

GEWIN, Circuit Judge:

This appeal concerns the authority of federal courts to enjoin the use in state criminal proceedings of evidence obtained in violation of Federal Rules of Criminal Procedure.1 Ruben Navarro was convicted in 1967 of possessing heroin in violation of 21 U.S.C. § 174. We reversed his conviction on appeal because heroin was seized under the authority of a search warrant which failed to meet the requirements of Rule...

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