UNITED STATES v. CHESHIRE

No. 77-5313.

569 F.2d 887 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Alan Kent CHESHIRE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 16, 1978.


Attorney(s) appearing for the Case

Jim Tatum, Houston, Tex. (Court-appointed), for defendant-appellant.

J. A. "Tony" Canales, U. S. Atty., Anna E. Stool, Asst. U. S. Atty., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., George A. Kelt, Jr., James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, AINSWORTH, and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

Alan Kent Cheshire appeals from a conviction for violation of 21 U.S.C.A. § 841(a) (1972), possession of marijuana with intent to distribute. Appellant argues that the conviction is based on illegally obtained evidence. Specifically, appellant contends: (1) use of an electronic beeper to follow the path of an airplane flown by appellant was a search, and that the search was invalid under the fourth amendment because of the failure...

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