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UNITED STATES v. JONES

No. 76-1279.

543 F.2d 627 (1976)

UNITED STATES of America, Appellee, v. Tommy Lee JONES, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 28, 1976.

Certiorari Denied January 10, 1977.

Attorney(s) appearing for the Case

Philip M. Moomaw, Asst. Federal Public Defender, Springfield, Mo., argued on brief; Thomas M. Bradshaw, Asst. Federal Public Defender, Kansas City, Mo., for appellant; David R. Freeman, Federal Public Defender, Western District of Missouri, Kansas City, Mo., on brief.

Sidney M. Glazer, Atty., Dept. of Justice, Washington, D. C., argued, and on brief; Philip J. Adams, Jr., U. S. Dept. of Justice, Kansas City, Mo., and Roger A. Way, Jr., Atty., App. Section, Crim. Div., Dept. of Justice, Washington, D. C., for appellee; Bert C. Hurn, U. S. Atty., Western District of Missouri, William M. Tetrick, Sp. Atty., Dept. of Justice, Kansas City, Mo., and Roger A. Way, Jr., Atty., Dept. of Justice, Washington, D. C., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and WEBSTER, Circuit Judges.

PER CURIAM.

In this appeal from a jury trial and conviction for narcotics violations (count I, unlawful distribution of 1.68 grams of cocaine, and count II, unlawful possession with intent to distribute approximately 16 grams of cocaine, all in violation of 21 U.S.C. § 841(a)(1)), Tommy Lee Jones, appellant, asserts the following as errors:

1) The trial court should have suppressed certain items seized in a search of Jones' apartment because the affidavit...

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