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UNITED STATES v. BRANCH

Nos. 75-1728, 75-1729.

545 F.2d 177 (1976)

UNITED STATES of America v. Joseph P. BRANCH, Appellant. UNITED STATES of America v. Eric B. GARRISON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 27, 1976.

Attorney(s) appearing for the Case

David B. Allen, Baltimore, Md., for appellants.

Karen I. Ward, Asst. U. S. Atty., Washington, D.C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington, D.C., were on the brief for appellee.

Before BAZELON, Chief Judge, TAMM, Circuit Judge and JUSTICE, United States District Judge for the Eastern District of Texas.

Opinion for the Court filed by District Judge JUSTICE.

JUSTICE, District Judge:

On July 19, 1974, at approximately 7:00 p. m., officers of the Metropolitan Police Department executed a warrant authorizing search "in the daytime" of the apartment of appellant Joseph P. Branch. Branch was in the apartment at the time of the search. When the search revealed quantities of narcotic substances, he was arrested and subsequently convicted of the offenses of possession...

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