UNITED STATES v. MOORE

No. 84-1116.

743 F.2d 254 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Terrence Patrick MOORE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 24, 1984.


Attorney(s) appearing for the Case

Gerald H. Goldstein, Ralph A. Lopez, San Antonio, Tex., Russell Busby, Austin, Tex., for defendant-appellant.

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

Before JOLLY and DAVIS, Circuit Judges, and GARCIA, District Judge.


W. EUGENE DAVIS, Circuit Judge:

Terrence Patrick Moore appeals from his conviction of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), contending that state law governs the legality of the search and under state law the cocaine supporting his conviction was seized as a result of an unlawful search. We conclude that the district court did not err in denying the motion to suppress and affirm.

On December 13, 1982, a...

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