UNITED STATES v. MITCHELL

No. 75-1814.

538 F.2d 1230 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. William Chadbourne MITCHELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 20, 1976.


Attorney(s) appearing for the Case

Michael B. Standard, Eric M. Lieberman, New York City, for defendant-appellant.

John E. Clark, U. S. Atty., Joel D. Conant, W. Ray Jahn, Jeremiah Handy, LeRoy M. Jahn, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and GEWIN, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, MORGAN, CLARK, RONEY, GEE, TJOFLAT and HILL, Circuit Judges.


GEE, Circuit Judge:

Mitchell appeals his conviction and five-year sentence for possessing marijuana with intent to distribute, 21 U.S.C. § 841(a)(1). The sole issues on this appeal concern the constitutional validity of a warrantless search of an automobile in which appellant was apprehended and in which the contraband was discovered. A panel of this court, though acknowledging the existence of probable cause to support the search, concluded that neither exigent...

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