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UNITED STATES v. MILLER

No. 73-1425 Summary Calendar.

480 F.2d 1008 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Jay E. MILLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 27, 1973.

Attorney(s) appearing for the Case

J. W. Blair, Richardson, Tex. (Court appointed), for defendant-appellant.

Frank D. McCown, U.S. Atty., Ft. Worth, Tex., Charles D. Cabaniss, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment of conviction entered by the District Court without a jury, finding Miller guilty on an indictment which charged him with possessing 351.5 grams of heroin with intent to distribute the same, in violation of 21 U.S.C. § 841(a)(1).

Prior to the trial, the District Court conducted a hearing on the appellant's motion to suppress the heroin which was taken from him by Security Officer Sinks at Dallas Love Field...

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