UNITED STATES v. PHILLIPS

No. 83-3319.

727 F.2d 392 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin Lee PHILLIPS, Sr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 1984.


Attorney(s) appearing for the Case

Ralph E. Tyson, Baton Rouge, La., for defendant-appellant.

Bradley C. Myers, Asst. U.S. Atty., Baton Rouge, La., for plaintiff-appellee.

Before POLITZ, RANDALL and JOLLY, Circuit Judges.


RANDALL, Circuit Judge:

Defendant-appellant Melvin Phillips appeals his conviction for possessing a firearm in violation of 26 U.S.C. § 5861(d) and 18 U.S.C.App. 1202(a)(1). Phillips contends that the seizure of his gun was invalid because it was based upon a warrant issued without probable cause. We disagree and, for the reasons set forth below, affirm.

I.

On January 19, 1983, Frances Phillips, wife of the defendant, contacted the Baton Rouge...

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