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UNITED STATES v. COLE

No. 79-5529.

628 F.2d 897 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Mikel COLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 23, 1980.

Attorney(s) appearing for the Case

Lucien B. Campbell, Federal Public Defender, P. Joseph Brake, Asst. Public Defender, San Antonio, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GODBOLD, SIMPSON and THOMAS A. CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

Appellant Cole was convicted on five counts of unlawful possession of firearms. He challenges the failure of the district court to suppress evidence seized during searches of his person and his truck. We affirm as to counts one through four and reverse as to count five.

The facts

San Antonio police officers lawfully obtained a valid search warrant1 to search, for amphetamines,

the premises...

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