UNITED STATES v. SCRIVNER

No. 81-1561 Summary Calendar.

680 F.2d 1099 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Roy B. SCRIVNER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 22, 1982.


Attorney(s) appearing for the Case

Michael Stuhff, Flagstaff, Ariz., for defendant-appellant.

Sidney Powell, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GEE and GARZA, Circuit Judges.


GEE, Circuit Judge:

Convicted of theft of cigarettes from an interstate shipment, Scrivner appeals. His sole complaint is of asserted error in the refusal of the trial court to suppress fatally incriminating evidence discovered in a warrantless search of certain trucks. The ground upon which the search was sustained is that of antecedent abandonment by Scrivner of the items and area searched. Though there can be scant doubt of his guilt, there can be even less that...

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