UNITED STATES v. ASTROFF

No. 76-2289.

556 F.2d 1369 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Bruce ASTROFF and Robert Duane Steverson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 8, 1977.


Attorney(s) appearing for the Case

Martin G. Weinberg, James W. Lawson, Boston, Mass., for defendants-appellants.

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

Before GODBOLD, SIMPSON and GEE, Circuit Judges.


SIMPSON, Circuit Judge:

This appeal requires our assessment of the validity of a search under a warrant predicated upon a facially sufficient affidavit containing negligent misrepresentations of facts material to the establishment of probable cause. The trial court's denial of a motion to suppress the search was followed by convictions of each of the appellants before a jury for possession of marijuana with intent to distribute and for conspiracy to commit that substantive...

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