U.S. v. BENAVIDES

No. 87-1843. Summary Calendar.

854 F.2d 701 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Edward BENAVIDES, a/k/a Little Joe, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 26, 1988.


Attorney(s) appearing for the Case

Mike Brown, Lubbock, Tex. (court appointed), for defendant-appellant.

Steven M. Sucsy, Asst. U.S. Atty., Lubbock, Tex., for plaintiff-appellee.

Before POLITZ, KING, and SMITH, Circuit Judges.


POLITZ, Circuit Judge:

Following denial of his motion to suppress evidence, Joe Edward Benavides entered a Fed.R.Crim.P. 11(a)(2) conditional guilty plea to one count of possession and two counts of receipt of a firearm by a convicted felon, 18 U.S.C. §§ 1202(a)(1) Appendix and 922(h). Benavides contends that an arrest warrant which preceded a search warrant was invalid and that the search warrant was therefore invalid; alternatively, that the search conducted...

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