United States v. Hooper

Decision Date02 July 1970
Docket NumberNo. 20205.,20205.
Citation438 F.2d 968
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Cleona HOOPER, Defendant-Appellant.
CourtU.S. Court of Appeals — Sixth Circuit

Dale Quillen, Nashville, Tenn., on brief, for defendant-appellant.

W. Thomas Dillard, Knoxville, Tenn., for plaintiff-appellee; John L. Bowers, Jr., U. S. Atty., Edward E. Wilson, Asst. U. S. Atty., Knoxville, Tenn., on brief.

Before McCREE and BROOKS, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

ORDER

Following a jury trial the defendant-appellant appeals from his conviction of violating the Internal Revenue Laws Title 26 U.S.C. §§ 5686a and 5601a 12). He contends the laws upon which the indictment was based are unconstitutional, but this was decided adversely to his contention in United States v. Whitehead, 424 F.2d 446 (6th Cir. 1970). His other contention that a search warrant was improperly executed is also without merit.

Affirmed.

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4 cases
  • United States v. Hubbard
    • United States
    • U.S. District Court — District of Columbia
    • September 13, 1979
    ...v. United States, 24 F.2d 665, 667 (9th Cir. 1928); United States v. Hooper, 320 F.Supp. 507, 509-10 (E.D.Tenn.1969), aff'd, 438 F.2d 968 (5th Cir.) cert. denied, 400 U.S. 929, 91 S.Ct. 189, 27 L.Ed.2d 190 VII. THE SCOPE OF THE SEARCHES WERE REASONABLE AND NOT GENERAL. To a significant exte......
  • State v. Wise
    • United States
    • South Carolina Supreme Court
    • February 6, 1979
    ...See Steele v. U. S., 267 U.S. 498, 45 S.Ct. 414, 69 L.Ed. 757 (1925); U. S. v. Hooper, 320 F.Supp. 507 (D.C.Tenn.1969), affirmed 438 F.2d 968 (6th Cir. 1970); 79 C.J.S. Searches and Seizures Section 81. Appellant further contends the marijuana should have been suppressed because the warrant......
  • United States v. Grooms
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • July 2, 1970
  • State v. Ward
    • United States
    • Ohio Court of Appeals
    • May 24, 1974
    ...the validity of the search, where it is otherwise reasonable. United States v. Hooper (E.D.Tenn., 1969), 320 F.Supp. 507, affirmed, 438 F.2d 968, (6 Cir.), cert. denied, 400 U.S. 929, 91 S.Ct. 189, 27 L.Ed.2d 190. See, also: State v. Cortman (1968), 251 Or. 566, 446 P.2d 681, cert. denied, ......

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