UNITED STATES v. SHEPHERD

No. 81-5074.

714 F.2d 316 (1983)

UNITED STATES of America, Appellee, v. Buel Lee SHEPHERD, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1983.


Attorney(s) appearing for the Case

Franklin Smith, Elkin, N.C., for appellant.

David Smith, Asst. U.S. Atty., Greensboro, N.C. (H.M. Michaux, Jr., U.S. Atty., John W. Stone, Jr., Asst. U.S. Atty., Greensboro, N.C., on brief), for appellee.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

Buel Lee Shepherd was convicted of possessing thirty-eight gallons of moonshine whiskey on which the tax had not been paid, and of removing it from its place of manufacture and concealing it, in violation of 26 U.S.C. §§ 5205(a)(1), 5604(a)(1) and 5601(a)(12). On appeal, Shepherd contends that his arrest and the warrantless search of his automobile were unlawful. Therefore, he urges, the fruits...

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