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UNITED STATES v. YORK

No. 77-5633.

578 F.2d 1036 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. James Thomas YORK and Stephen Joseph York, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 23, 1978.

Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Robyn J. Hermann, Asst. Federal Public Defender, Miami, Fla., for James York.

Michael J. Doddo, Miami, Fla. (Court-Appointed), for Stephen York.

Jack V. Eskenazi, U. S. Atty., Richard A. Woolf, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, GEE and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

During a visit to his brother, James, an inmate at the Federal Correctional Institution at Miami, Florida, Stephen York unknowingly dropped from his pants leg, while the two were on the visitor's patio, an orange balloon, which was retrieved by Correctional Officer Cason and found to contain marihuana. The brothers were separated by prison authorities. Stephen was searched, and nothing was found on him. James was taken to a segregation...

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