UNITED STATES v. SCHAUBLE

No. 79-2022.

647 F.2d 113 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Henry W. SCHAUBLE II, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 14, 1981.

Rehearing Denied June 5, 1981.


Attorney(s) appearing for the Case

Emerson B. Semple, Denver, Colo. (Joseph Saint-Veltri, Denver, Colo., with him on the brief), for defendant-appellant.

Vernon E. Lewis, Asst. U. S. Atty., Kansas City, Kan. (James P. Buchele, U. S. Atty., John Oliver Martin, Asst. U. S. Atty., Kansas City, Kan., on the brief), for plaintiff-appellee.

Before HOLLOWAY, LOGAN and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

Defendant Henry W. Schauble II was convicted of possession of marijuana with the intent to distribute in violation of 21 U.S.C. § 841(a)(1). Schauble appeals this conviction on the ground that the district court erred in denying his motion to suppress evidence obtained from a search of his premises pursuant to a warrant. Specifically, Schauble contends that the affidavit supporting the warrant was insufficient to show probable cause and...

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