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UNITED STATES v. ASTROFF

No. 76-2289.

578 F.2d 133 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Bruce ASTROFF and Robert Duane Steverson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 11, 1978.

Attorney(s) appearing for the Case

Martin G. Weinberg, James W. Lawson, Boston, Mass., for defendants-appellants.

J. A. Canales, U. S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Donald L. Lambright, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, SIMPSON, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.

AINSWORTH, Circuit Judge:

This case concerns the validity of a search warrant which was issued pursuant to an affidavit containing a negligent misrepresentation necessary to the establishment of probable cause. Defendants-appellants Mark Bruce Astroff and Robert Duane Steverson were convicted by a jury of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and for conspiracy to possess marijuana with intent to distribute in...

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