UNITED STATES v. GARDNER

No. 76-2291.

553 F.2d 946 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Michael GARDNER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 10, 1977.


Attorney(s) appearing for the Case

Peter F. K. Baraban, North Miami, Fla., George D. Gold, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., C. Wesley G. Currier, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, CLARK and RONEY, Circuit Judges.


RONEY, Circuit Judge:

In this proceeding the defendant appeals his two count conviction for possession of both cocaine and marijuana with intent to distribute. 21 U.S.C.A. § 841(a)(1). His sole contention: the trial court erred in denying his motion to suppress evidence seized after a warrantless entry into his home. Finding the intrusion lawful under the exigent circumstances exception to the warrant requirement, and that defendant failed to prove sufficiently...

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