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UNITED STATES v. CLECKLER

No. 78-5147 Summary Calendar.

578 F.2d 1055 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. James Richard CLECKLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 23, 1978.

Attorney(s) appearing for the Case

Scott Q. Kirkland, Montgomery, Ala., for defendant-appellant.

Barry E. Teague, U. S. Atty., David L. Allred, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

Defendant James Richard Cleckler, convicted of unlawful and knowing possession of an unregistered firearm [26 U.S.C.A. § 5861(d)], attacks the validity of the search of his residence because the affidavit supporting the warrant (1) did not set forth the time when the informer saw the homemade bomb described in the warrant, (2) used the past tense in describing the informer's observations, (3) described only an isolated offense, and (4) failed to properly...

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