UNITED STATES v. CHARACTER

No. 77-5055.

568 F.2d 442 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Wallace L. "Jackie" CHARACTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 27, 1978.


Attorney(s) appearing for the Case

Marion F. Walker, Birmingham, Ala., for defendant-appellant.

J. R. Brooks, U. S. Atty., Ann Robertson, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before TJOFLAT, HILL and FAY, Circuit Judges.


FAY, Circuit Judge:

This appeal requires our assessment of the validity of a search under a warrant predicated upon an affidavit containing negligent misrepresentations of facts. The trial court's denial of a motion to suppress evidence resulting from the search was followed by a conviction of the defendant, Wallace L. Character, for knowingly receiving firearms in violation of 18 U.S.C. § 922(h), and knowingly engaging in the business of dealing in firearms...

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