UNITED STATES v. HARE

No. 78-5559. Summary Calendar.

589 F.2d 242 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Edwin HARE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 7, 1979.


Attorney(s) appearing for the Case

J. Louis Wilkinson, Birmingham, Ala., for defendant-appellant.

J. R. Brooks, U. S. Atty., Michael V. Rasmussen, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and VANCE, Circuit Judges.


PER CURIAM:

Hare was convicted on counts One through Four charging possession with intent to distribute various drugs, and Count Five, possession of a firearm after being convicted of a felony.

The defense did not move before trial to suppress the drugs and the guns as required by F.R.Crim.P. 12(b) and first raised it by objection at trial. Under Rule 12(f) this waived the point, but even if the issue of warrantless...

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