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UNITED STATES v. SETZER

No. 80-7335.

654 F.2d 354 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. James Clifford SETZER, II, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

August 27, 1981.

Attorney(s) appearing for the Case

Mary S. Donovan, Asst. Fed. Public Defender, Atlanta, Ga., for defendant-appellant.

William S. Sutton, Richard H. Dean, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before JONES, HILL and ANDERSON, Circuit Judges.

JAMES C. HILL, Circuit Judge:

After a nonjury trial, James Clifford Setzer II was adjudged guilty of possessing cocaine hydrocloride with the intent to distribute it and of simply possessing hashish, in violation of 21 U.S.C. §§ 841(a)(1) and 844(a) respectively. None of the facts are disputed; Setzer challenges only the constitutionality of the seizure and search which led to the discovery of the proscribed substances. We affirm the conviction.

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