UNITED STATES v. MIZELL

No. 72-1397.

488 F.2d 97 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin Richard MIZELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 30, 1973.


Attorney(s) appearing for the Case

Richard M. Gale, William M. Moran, Miami, Fla., for defendant-appellant.

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

Before BROWN, Chief Judge, and TUTTLE and INGRAHAM, Circuit Judges.


BROWN, Chief Judge:

Appellant appeals from a conviction on a plea of nolo contendere for passing a $20.00 bill (count I) and possessing 15 counterfeit $20.00 federal reserve notes (count II), 18 U.S.C.A. § 472. The sole error asserted is that the trial court erred in denying his motion to suppress, the theory apparently being that without the evidence sought to be suppressed the government could not have made out the requisite case.

The sentencing Judge...

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