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UNITED STATES v. AMUNY

No. 84-2376.

767 F.2d 1113 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Mikal Habeeb AMUNY, a/k/a James Anderson, a/k/a Jim Waters, and a/k/a Wayne Roberson, George Ellis Gaston, and Royce David Hebert, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 2, 1985.

Attorney(s) appearing for the Case

Dick DeGuerin, Houston, Tex., for Amuny.

Richard Thornton, Galveston, Tex., for Gaston.

Gerald H. Goldstein, San Antonio, Tex., for Hebert.

Henry K. Oncken, U.S. Atty., James R. Gough, Asst. U.S. Atty., Houston, Tex., Mervyn Hamburg, Atty., Dept. of Justice, Washington, D.C., for U.S.

Before WISDOM, WILLIAMS and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 2, 1985.

JERRE S. WILLIAMS, Circuit Judge:

Mikal Habeeb Amuny, a recent visitor to this Court,1 and his two confederates challenge the search and subsequent seizure of 550 pounds of marihuana found on board a private aircraft in which they had completed a flight. They also challenge their federal prosecution, since a state court had concluded that the search was unconstitutional and...

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