UNITED STATES v. EDWARDS

No. 76-1668.

554 F.2d 1331 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin Leon EDWARDS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted August 24, 1977.


Attorney(s) appearing for the Case

H. Gilman Hudnall, Jr., Atlanta, Ga. (Court appointed), for defendant-appellant.

John W. Stokes, U. S. Atty., William F. Bartee, Jr., Dorothy T. Beasley, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before GOLDBERG, SIMPSON and GEE, Circuit Judges.


Rehearing En Banc Granted August 24, 1977.

GOLDBERG, Circuit Judge:

Alvin Leon Edwards appeals from his conviction in a jury trial of possessing two checks knowing them to have been stolen from the mails. 18 U.S.C. § 1708. He claims that the search that uncovered the checks violated the fourth amendment and that he was denied a speedy trial. The government seeks to justify the search as based on probable cause coupled with exigent circumstances, as incident...

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