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U.S. v. MUELLER

No. 89-1589.

902 F.2d 336 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. John C. MUELLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 22, 1990.

Attorney(s) appearing for the Case

Philip E. Sanders, Austin, Tex., for defendant-appellant.

Philip Police, Asst. U.S. Atty., LeRoy Morgan Jahn, U.S. Atty., James H. DeAtley, Asst. U.S. Atty., San Antonio, for plaintiff-appellee.

Before KING, GARWOOD, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

On September 10, 1988, Texas state law enforcement officers conducted a search of the premises and vehicles at 4905 Hudson Bend Road, Travis County, Texas, pursuant to a warrant authorizing the officers to search for controlled substances. The affidavit upon which the search warrant was based stated as follows:

... on or about the 10th day of September A.D., 1988, Your affiant received a call in reference to a chemical odor...

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