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UNITED STATES v. KELLY

No. 76-2782.

556 F.2d 257 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Michael A. KELLY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 22, 1977.

Attorney(s) appearing for the Case

James T. Allen, El Paso, Tex. (Court-appointed), for defendant-appellant.

John E. Clark, U. S. Atty., Leroy M. Jahn, Ronald P. Guyer, John M. Pinckney, III, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before AINSWORTH and MORGAN, Circuit Judges, and LYNNE, District Judge.

LEWIS R. MORGAN, Circuit Judge:

Michael Anthony Kelly, a former Customs Patrol Officer, appeals his conviction on a two count federal indictment that grew out of his part in the warrantless break-in and attempted "bugging" of a suspected drug smuggler's home. We affirm.

I. FACTS AND PROCEEDINGS BELOW.

One night in early January of 1975, three Customs Patrol Officers of the United States Customs Service, Kelly, Wade, and Hough, and an informant, Kirkendall...

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