UNITED STATES v. AVERITT

No. 72-1513.

477 F.2d 1009 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Dean AVERITT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 2, 1973.


Attorney(s) appearing for the Case

Dale Quillen, Nashville, Tenn., for defendant-appellant.

Charles H. Anderson, U. S. Atty., Nashville, Tenn., for plaintiff-appellee.

Before PECK and MILLER, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


O'SULLIVAN, Senior Circuit Judge.

This is an appeal from conviction of appellant of possession and transportation of unstamped distilled spirits, in violation of 26 U.S.C. § 5604(a)(1) and 18 U.S.C. § 2. The District Court had overruled defendant's motion to suppress evidence allegedly seized in violation of the Fourth Amendment of the United States Constitution, and subsequently the defendant, Harold D. Averitt, was found guilty by a jury.

The defendant...

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