UNITED STATES v. DALY

No. 72-3304.

493 F.2d 395 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. John Thomas DALY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 2, 1974.


Attorney(s) appearing for the Case

Jimmy James, Houston, Tex., for defendant-appellant.

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

Before WISDOM, GEWIN and COLEMAN, Circuit Judges.


WISDOM, Circuit Judge:

The critical issue in this case is the validity of a border search that occurred before the Supreme Court decided Almeida-Sanchez v. United States, 1973, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596. In Miller v. United States, 5 Cir. 1974, 492 F.2d 37 this Court recently held that Almeida-Sanchez must be given prospective effect only; that decision is applicable, therefore...

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