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UNITED STATES v. THARPE

No. 75-1491.

526 F.2d 326 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Donald THARPE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted April 5, 1976.

Attorney(s) appearing for the Case

Jeremy J. Eskridge, Tupelo, Miss. (Court Appointed), for defendant-appellant.

H. M. Ray, U.S. Atty., John R. Hailman, Asst. U.S. Atty., Oxford, Miss., for plaintiff-appellee.

Before COLEMAN, CLARK and GEE, Circuit Judges.

Rehearing En Banc Granted April 5, 1976.

GEE, Circuit Judge:

Ralph Donald Tharpe was convicted of violating 18 U.S.C. § 922(g)(1).1 He has challenged the validity of this conviction on a number of grounds, but because of the result we reach we need only discuss one in detail — suppression of a gun which was the sole subject of the indictment against him. We conclude, on the record, that the gun was discovered during...

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