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UNITED STATES v. LEMMONS

No. 74-1874.

527 F.2d 662 (1975)

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

United States Court of Appeals, Sixth Circuit.

Decided December 24, 1975.

As Amended January 14, 1976.

Rehearing and Rehearing Denied February 13, 1976.

Attorney(s) appearing for the Case

Wilfred C. Rice, Detroit, Mich., for defendant-appellant.

Ralph B. Guy, Jr., U. S. Atty., Richard L. Delonis, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.

Before WEICK and McCREE, Circuit Judges, and CECIL, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 13, 1976.

McCREE, Circuit Judge.

This is an appeal from conviction in a nonjury trial under a one-count indictment charging appellant with unlawful possession and intent to distribute 118.5 grams of heroin. 21 U.S.C. § 841(a)(1).1 We affirm.

The relevant facts are as follows. On January 16, 1973, Special Agent DePottey obtained a warrant for the search of a store building...

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