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UNITED STATES v. McKIM

No. 73-1787 Summary Calendar.

487 F.2d 305 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Cecil McKIM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 29, 1973.

Attorney(s) appearing for the Case

Oscar J. Pena, Laredo, Tex. (Court-appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellant Eugene Cecil McKim was convicted of conspiring to import, possessing with intent to distribute and importing into the United States from Mexico, approximately 60 pounds of marihuana, in violation of 21 U.S.C. §§ 952(a), 841(a)(1) and 960(a)(1), respectively. On appeal he contends that the district court erred in allowing, over his objection, the use of illegally obtained evidence, to-wit, the marihuana. Because of the...

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