UNITED STATES v. JOHNSON

No. 75-2424.

553 F.2d 901 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Al Lee JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 9, 1977.


Attorney(s) appearing for the Case

John L. Carter, Houston, Tex. (court-appointed), for defendant-appellant.

Edward B. McDonough, Jr., U.S. Atty., James R. Gough, Jr., Mary L. Sinderson, George A. Kelt, Jr., Steven Jay Rozan, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before TUTTLE, WISDOM and COLEMAN, Circuit Judges.


PER CURIAM:

The defendant-appellant, Al Lee Johnson, was convicted of a violation of the Mann Act, 18 U.S.C. 2421 (1970). The sole issue on appeal involves the admissibility of evidence seized from the defendant's apartment.

The record is not clear whether the arresting officer, Smith, knocked at the door and was admitted by Johnson or whether the door was opened and Smith knocked as he came in the apartment. Smith's gun was drawn when he entered. After entering...

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