UNITED STATES v. SORIA

No. 73-2485.

519 F.2d 1060 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Gonzalez SORIA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 21, 1975.


Attorney(s) appearing for the Case

Thomas Rocha, Jr., San Antonio, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and INGRAHAM, Circuit Judges.


THORNBERRY, Circuit Judge:

A jury convicted Soria of possession of 316 pounds of marijuana with intent to distribute, and unlawful possession of a firearm during commission of a felony, violations of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 924(c)(2) respectively. He now challenges those convictions contending that both were obtained with unconstitutionally seized evidence. Finding merit to Soria's position, we reverse.

On the afternoon of January 25...

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