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UNITED STATES v. PAYNE

No. 76-3743.

555 F.2d 475 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew PAYNE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 30, 1977.

Attorney(s) appearing for the Case

John E. Fitzgibbon, Laredo, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, George A. Kelt, Jr., Rene J. Gonzalez, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before COLEMAN, Circuit Judge, KUNZIG, Associate Judge, and GEE, Circuit Judge.

KUNZIG, Associate Judge:

This case comes to us on appeal from Andrew Payne's (defendant-appellant) conviction for violation of 21 U.S.C. § 841(a)(1)1 (marijuana possession and intent to sell). The trial was held to Judge Robert J. O'Conor of the District Court for the Southern District of Texas, defendant having waived trial by jury. After denying defendant's motion to suppress evidence allegedly obtained in violation of the Fourth...

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