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UNITED STATES v. SCHEFFER

No. 71-2921.

463 F.2d 567 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Mark SCHEFFER et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1972.

Rehearing Denied September 11, 1972.

Attorney(s) appearing for the Case

William F. Walsh, Bennett Stokes, Houston, Tex., for Scheffer and Stecher.

Abraham Kazen, III, Laredo, Tex., for Collins.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Edward B. McDonough, Jr., Anthony C. Aguilar, Asst. U. S. Attys., Houston, Tex., Henry E. Petersen, Asst. Atty. Gen., Beatrice Rosenberg, Jerome Feit, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and MORGAN, Circuit Judges.

Rehearing En Banc Denied September 11, 1972.

LEWIS R. MORGAN, Circuit Judge:

Fred Collins, Daniel Scheffer, and David Stecher were tried jointly and convicted of importing a narcotic drug into the United States in violation of 21 U.S.C. § 174.1 On appeal before this court appellants contend that illegally-seized evidence was admitted against them in two separate instances; that the district court erroneously failed to inform...

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