UNITED STATES v. HANSON

No. 72-1528.

469 F.2d 1375 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Joanne HANSON and Virgil Lloyd Polk, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 29, 1973.


Attorney(s) appearing for the Case

Charles D. Moyers, El Paso, Tex., for defendants-appellants.

William S. Sessions, U. S. Atty., Reese L. Harrison, Jr., Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before DYER, SIMPSON and MORGAN, Circuit Judges.


SIMPSON, Circuit Judge:

Appellants, Joanne Hanson and Virgil Lloyd Polk, Jr., were convicted below of possessing with intent to distribute approximately 147 tablets of Lysergic Acid Diethylamide (LSD), a controlled substance, in violation of Title 21, U.S. Code, Section 841(a)(1). We determine that appellants were convicted by evidence obtained through use of a defective search warrant and accordingly reverse the judgments of conviction.

On August 28, 1971...

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