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UNITED STATES v. MULLER

No. 75-4045.

550 F.2d 1375 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Joseph MULLER, Sr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 2, 1977.

Attorney(s) appearing for the Case

Tony Martinez, Brownsville, Tex. (Court-appointed), for defendant-appellant.

Edward B. McDonough, Jr., U.S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U.S. Attys., Houston, Tex., John P. Smith, Asst. U.S. Atty., Brownsville, Tex., for plaintiff-appellee.

Before COLEMAN, AINSWORTH and INGRAHAM, Circuit Judges.

AINSWORTH, Circuit Judge:

Robert Muller, David Tuley and Frank Oller were indicted on thirteen counts relating to possession of marijuana, amphetamine tablets and firearms.1 A hearing was held on motions of the three defendants to suppress the evidence, which motions were denied. Muller's trial was severed and he was subsequently found guilty by a jury on two counts of the indictment, conspiracy...

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