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FIELDS v. UNITED STATES

No. 22158.

355 F.2d 543 (1966)

Loy Duane FIELDS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 4, 1966.

Attorney(s) appearing for the Case

Robert B. Thompson, Gainesville, Ga., for appellant.

Bobby C. Milam, Thomas K. McWhorter, Asst. U. S. Attys., Atlanta, Ga., Charles L. Goodson, U. S. Atty., for appellee.

Before GEWIN and BELL, Circuit Judges, and HUGHES, District Judge.

PER CURIAM:

Appellant was convicted for violations of 26 U.S.C.A. §§ 5205(a) (2), 5601(a) (1), 5601(a) (4), 5601(a) (8). The contention that the revenue agent violated 18 U.S.C.A. § 3109 by his entry into the building which housed the incriminating evidence is without merit. The building in question, which housed one of the largest illicit distilleries the officers had ever seen, was not within the curtilage. It was three hundred feet in length and...

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