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UNITED STATES v. DYKES

No. 72-1007.

460 F.2d 324 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Dan DYKES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 12, 1972.

Attorney(s) appearing for the Case

James P. Hagerstrom, Federal Defenders Inc., Benjamin F. Rayborn, Legal Research Association, San Diego, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Stephen C. Nelson, Douglas G. Hendricks, Asst. U. S. Attys., San Diego, Cal., for plaintiff-appellee.

Before DUNIWAY, TRASK and CHOY, Circuit Judges.

PER CURIAM:

Dan Dykes appeals his conviction by a jury of passing and possessing counterfeit bills in violation of 18 U.S.C. § 472. We affirm.

First, the trial court did not abuse its discretion in declining to entertain a motion to suppress evidence presented the morning the trial was to begin. Fed.R.Crim.P. 41(e) requires that such a motion "shall be made before trial or hearing unless opportunity therefor did not exist or the defendant was not aware...

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