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UNITED STATES v. ALTIZER

No. 72-3680 Summary Calendar.

477 F.2d 846 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Noah Willis ALTIZER, aka Robert Van Horn, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 8, 1973.

Attorney(s) appearing for the Case

James A. Robbins, Jr., Rome, Ga. (Court-appointed), for defendant-appellant.

John W. Stokes, Jr., Robert L. Smith, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

PER CURIAM:

Appellant attacks the basis of a search warrant. His ground for attack is that the affidavit supporting the warrant was based on information obtained from his purported wife after her arrest without probable cause. He asserts the fruit of the poisonous tree doctrine. The search was of a trailer-home occupied by appellant and his purported wife.1 The district court held that appellant lacked standing to assert in his own defense...

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