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UNITED STATES v. LOWE

No. 29810 Summary Calendar.

433 F.2d 349 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Roosevelt Nick LOWE, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 16, 1970.

Attorney(s) appearing for the Case

William H. F. Wiltshire, Pensacola, Fla. (court appointed), for appellant.

William Stafford, U. S. Atty., C. W. Eggart, Jr., Asst. U. S. Atty., Pensacola, Fla., for appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

The opinion and judgment of the Court dated October 6, 1970 is withdrawn and the following is substituted therefor:

A defendant charged with the interstate transportation of a stolen motor vehicle in violation of 18 U.S.C.A. § 2312 (1970) appeals from the denial of a pre-trial motion to suppress evidence. Under Rule 5, F.R.A.P., and 28 U.S.C.A. § 1292(b) (1966), the court has certified that this preliminary evidentiary order involves...

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