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UNITED STATES v. MANNING

No. 275, Docket 34415.

448 F.2d 992 (1971)

UNITED STATES of America, Appellee, v. James Ernest MANNING, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 26, 1971.

Rehearing July 15, 1971.

Certiorari Denied December 14, 1971.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y. (John W. Nields, Jr., Peter F. Rient and Jack Kaplan, Asst. U. S. Attys., of counsel), for appellee.

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City (Gerald Walpin, and Harvey J. Yaverbaum, New York City, of counsel), for appellant.

Before LUMBARD, Chief Judge, MOORE and SMITH, Circuit Judges.

Rehearing in Banc July 15, 1971.

Certiorari Denied December 14, 1971. See 92 S.Ct. 541.

LUMBARD, Chief Judge:

James Ernest Manning was convicted in the Southern District of New York before Judge Cannella and a jury for concealment of heroin and cocaine, 21 U.S.C. §§ 173, 174 and was sentenced to twelve years imprisonment. Eight months before trial, Manning moved to suppress the narcotics seized by federal agents. Following a hearing, Judge...

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