UNITED STATES v. PRESCOTT

No. 78-5781 Summary Calendar.

599 F.2d 103 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Charles PRESCOTT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 20, 1979.


Attorney(s) appearing for the Case

John H. Miller, Jr., Wm. G. Burnett, Sinton, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., John M. Potter, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before CLARK, GEE and HILL, Circuit Judges.


CHARLES CLARK, Circuit Judge:

The appellant Billy Charles Prescott was convicted for possession of a firearm by a convicted felon, in violation of 18 U.S.C. App. § 1202(a)(1). The sole issue on appeal is whether the firearm that formed the basis of the prosecution was the product of an illegal search of the appellant's vehicle.

On the night of July 10, 1977, Officer Alan W. Ellidge of the Portland, Texas police force observed a car operating erratically...

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