UNITED STATES v. COPELAND

No. 75-2080.

538 F.2d 639 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Dan COPELAND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 23, 1976.


Attorney(s) appearing for the Case

James M. Pape, Houston, Tex., for defendant-appellant.

James R. Gough, Asst. U. S. Atty., Anna E. Stool, Edward B. McDonough, Jr., U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before WISDOM and GEWIN, Circuit Judges, and MEHRTENS, District Judge.


MEHRTENS, District Judge:

Appellant was convicted by the district court, sitting without a jury, of possession of a machine gun in violation of 26 U.S.C. § 5845(b) and 26 U.S.C. § 5861(d). The only question to be determined on appeal is whether the issuing magistrate was furnished with sufficient facts to justify the conclusions that an informant was reliable and that probable cause existed to permit issuance of a valid search warrant. The lower court upheld...

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