UNITED STATES v. FINSTAD

No. 73-1114 Summary Calendar.

478 F.2d 840 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Edward FINSTAD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 4, 1973.


Attorney(s) appearing for the Case

Barry L. Garber, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Harold F. Keefe, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.


PER CURIAM:

On a trial to the Court, without the intervention of a jury, Joseph Edward Finstad was convicted of the unlawful possession, with intent to distribute, 2.02 grams of heroin, 21 U.S.C. § 841(a) (1). We affirm.

The conviction is attacked upon the usual grounds: (1) there was no probable cause for the arrest and search of the appellant; (2) the evidence was insufficient to support the conviction.

Finstad fell into the pit in the following...

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