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UNITED STATES v. GAULTNEY

No. 77-3482.

581 F.2d 1137 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Hoyt Albert GAULTNEY and Francis Gilmere, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 27, 1978.

Attorney(s) appearing for the Case

William L. Harper, U.S. Atty., Robert A. Boas, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellant.

P. Bruce Kirwan, Federal Public Defender, Al M. Horn, Reber F. Boult, Atlanta, Ga., for defendants-appellees.

Before COLEMAN, GEE and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 27, 1978.

COLEMAN, Circuit Judge.

In this criminal case the government appeals the suppression of evidence by the District Court. We reverse and remand.

I

The Nature of the Case

In various counts, the defendants, Gilmere and Gaultney, were charged with distribution of cocaine, possession of cocaine with intent to distribute, and conspiracy to distribute cocaine. Both defendants...

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