MAGDA v. BENSON

No. 76-1036.

536 F.2d 111 (1976)

John George MAGDA, Petitioner-Appellant, v. C. L. BENSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 13, 1976.


Attorney(s) appearing for the Case

William K. Teeguarden, Terre Haute, Ind., for petitioner-appellant.

Frederick M. Coleman, U.S. Atty., Cleveland, Ohio, W. F. Spicer, Akron, Ohio, for respondent-appellee.

Before PHILLIPS, Chief Judge, and PECK and LIVELY, Circuit Judges.


PER CURIAM.

This appeal from the denial of a motion to vacate sentence pursuant to 28 U.S.C. § 2255 came on to be considered pursuant to Sixth Circuit Rule 3(e).1

The principal question presented on appeal is whether garbage placed for collection on a treelawn next to a street can be searched by postal inspectors without a search warrant. We hold that the warrantless search was reasonable under the facts and circumstances...

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