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UNITED STATES v. NOVELLO

No. 75-1375 Summary Calendar.

519 F.2d 1078 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Frank NOVELLO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 19, 1975.

Attorney(s) appearing for the Case

Theodore Sakowitz, Federal Public Defender, Miami, Fla. (Court appointed, not under Act), for defendant-appellant.

Robert W. Rust, U. S. Atty., Rebekah J. Poston, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

GEE, Circuit Judge:

The sole issue in this case is whether a warrantless intrusion into a warehouse by Drug Enforcement Agency (DEA) people violated the Fourth Amendment ban on unreasonable searches. Novello contends that, because it did, incriminating evidence which resulted in his conviction should be suppressed and a new trial ordered. We affirm.

The situation presented is that of a container within a container...

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