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UNITED STATES v. PHILLIPS

No. 72-2170.

478 F.2d 743 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James F. PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 9, 1973.

Attorney(s) appearing for the Case

Kenneth R. Cain, Ozark, Ala., for defendant-appellant.

Ira DeMent, U. S. Atty., David B. Byrne, Jr., Wade B. Perry, Asst. U. S. Attys., Montgomery, Ala., for plaintiff-appellee.

Before COLEMAN, GOLDBERG and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

Appellant was convicted by a jury of violation of 21 U.S.C.A. § 174 (1972), which proscribes receiving, concealing and facilitating the transportation and concealment of a narcotic drug. There are several substantial and close issues which we need not reach because the entire case rests upon an invalid warrantless governmental search of a parcel while in the United States mails. The conviction must, therefore, be reversed and the prosecution...

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