UNITED STATES v. SMITH

No. 77-5234.

574 F.2d 882 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Erma SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 19, 1978.

Rehearing Denied August 8, 1978.


Attorney(s) appearing for the Case

Clarence M. Bradfield, Terry & Bradfield, Detroit, Mich., (Court Appointed-CJA), Gad L. Holland, Detroit, Mich., for defendant-appellant.

Philip M. Van Dam, U. S. Atty., Victoria Toensing, Asst. U. S. Atty., for plaintiff-appellee.

Before WEICK, EDWARDS and CELEBREZZE, Circuit Judges.


Rehearing En Banc Denied August 8, 1978.

CELEBREZZE, Circuit Judge.

Appellant, Erma Smith, was convicted after a bench trial of possessing with intent to distribute a controlled substance (heroin), in violation of 21 U.S.C. § 841(a)(1). The issues raised on appeal are whether the district court should have granted Appellant's motion to suppress the heroin for the reason that it was the fruit of an illegal stop by a Drug Enforcement Agency (DEA) agent...

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