UNITED STATES v. NEDD

No. 78-5226. Summary Calendar.

582 F.2d 965 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene NEDD, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 26, 1978.


Attorney(s) appearing for the Case

Frank M. Garza, Corpus Christi, Tex. (Court-appointed), for defendant-appellant.

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

Before RONEY, GEE and FAY, Circuit Judges.


PER CURIAM:

Defendant, a previously convicted felon, was found guilty by the court of possession of a firearm which had been shipped in interstate commerce. 18 U.S.C.A. §§ 922(h) and 924(a).

The district court denied a motion to suppress the firearm, the product of a search of defendant's apartment. Although the search was made pursuant to a warrant, the firearm was not described in the search warrant, obtained to search for heroin. Although they...

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