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UNITED STATES v. ROBERTS

No. 79-5451.

619 F.2d 379 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan ROBERTS, a/k/a Sailor Roberts, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 16, 1980.

Attorney(s) appearing for the Case

John R. Lee, Kermit, Tex., Victor R. Arditt, El Paso, Tex., for defendant-appellant.

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

Before RUBIN and POLITZ, Circuit Judges, and SMITH, District Judge.

ALVIN B. RUBIN, Circuit Judge:

Bryan Roberts was convicted after a jury trial of conspiracy to operate an illegal gambling business, 18 U.S.C. § 371, operating such a business, 18 U.S.C. § 1955, and failure to file a special tax return with the Internal Revenue Service before receiving wagers on sporting events, 26 U.S.C. § 7203. He seeks reversal on the grounds that the district judge erroneously refused to suppress evidence seized at his apartment...

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