UNITED STATES v. BEVERLY

No. 83-1862.

750 F.2d 34 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert Collins BEVERLY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 3, 1984.


Attorney(s) appearing for the Case

Rudy M. Howard, Sr. (argued), Bay City, Mich., for defendant-appellant.

Michael Hluchaniuk, Asst. U.S. Atty., Bay City, Mich., Robert D. Martinez — Asst. U.S. Atty., (argued) Leonard R. Gilman, U.S. Atty., Detroit, Mich., for plaintiff-appellee.

Before JONES, Circuit Judge; and PECK and BROWN, Senior Circuit Judges.


PER CURIAM.1

This case is before the Court upon appellant's appeal from the district court's order that denied his Motion for Judgment of Acquittal. Upon consideration of the issue presented by this appeal, we reverse.

On November 19, 1982 police officer Michael Ellicott, pursuant to a warrant, executed a search of Henry Hatfield's residence. While searching the kitchen, Ellicott found appellant, Herbert Collins Beverly, and Clinton...

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