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UNITED STATES v. BAILEY

No. 71-1153 Summary Calendar.

447 F.2d 735 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. David L. BAILEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 3, 1971.

Attorney(s) appearing for the Case

Joseph D. Quinlivan, Jr., Mobile, Ala. (Court Appointed), for defendant-appellant.

Irwin W. Coleman, Jr., Asst. U. S. Atty., C. S. White-Spunner, Jr., U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

David L. Bailey appeals from his conviction by a jury for stealing 15.50 dollars from a letter which had been entrusted to him in his capacity as a United States Postal Service letter carrier, in violation of 18 U.S.C.A. § 1709 (1970). Bailey contends that he was arrested without probable cause and illegally searched and that the fruits of this arrest and search were unlawfully used to convict him.

Bailey was employed as a letter carrier assigned...

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