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UNITED STATES v. SIHLER

No. 77-5171. Summary Calendar.

562 F.2d 349 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford George SIHLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 4, 1977.

Attorney(s) appearing for the Case

John R. Martin, Asst. Public Defender, Atlanta, Ga., for defendant-appellant.

Wm. L. Harper, U. S. Atty., Robert A. Boas, Jeffrey B. Bogart, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.

TJOFLAT, Circuit Judge:

Appellant Sihler, an employee at the United States Penitentiary in Atlanta, Georgia, was convicted in a federal district court for possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1970). Sihler claims that his conviction is infirm because it was based upon the fruits of a warrantless search by prison officials. The government was permitted to show that after the marijuana was seized Sihler was advised...

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