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UNITED STATES v. BYRD

No. 73-1426 Summary Calendar.

483 F.2d 1196 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Glynn BYRD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Modified November 8, 1973.

Attorney(s) appearing for the Case

Warren Heagy, Odessa, Tex., for defendant-appellant.

Anthony J. P. Farris, U.S. Atty., Robert G. Darden, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

Appellant Richard Glynn Byrd was convicted in a nonjury trial of possessing with intent to distribute 300 pounds of marijuana1 and of carrying a firearm while committing this felony.2 Byrd seeks reversal of his conviction on the basis that the marijuana was discovered in a constitutionally illegal search and is therefore inadmissible as evidence against him. On the facts of this case...

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