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UNITED STATES v. WILCOX

No. 30179 Summary Calendar.

437 F.2d 52 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. John Henry WILCOX and Elsie Mecca Wilcox, Defendants-Apellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 5, 1971.

Attorney(s) appearing for the Case

Richard M. Gale, Miami, Fla. (Court appointed) for John Henry Wilcox.

William M. Moran, Miami, Fla., for Elsie Wilcox.

Richard A. Hauser, Asst. U. S. Atty., Robert W. Rust, U. S. Atty., Michael J. Osman, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

This appeal tests the sufficiency of the underlying information upon which a United States Commissioner based a search warrant. Defendants moved in limine to suppress the incriminating evidence obtained when the warrant was executed. When this motion was denied the defendants changed their pleas of not guilty to nolo contendere and were convicted. The sole issue is whether probable cause for the issuance of the warrant was demonstrated. We...

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