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449 F.2d 786

Docket No. 71-2128

Dryden v. United States

Fifth Circuit Court of Appeals

Decided Oct. 25, 1971.

Fifth Circuit Court of Appeals · decided 1971-10-25

Cited by 3 later decisions — most recently April 1972

3 federal appellate ·

2 counsel of record

Applies 26 U.S.C. § 5601 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-10-25

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¶1Summary Calendar.*

¶2James Noel Baker, Opelika, Ala. (Court appointed), for petitioner-appellant.

¶3Ira DeMent, U. S. Atty., Calvin C. Pryor, Asst. U. S. Atty, Montgomery, Ala., for respondent-appellee.

¶4Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

¶6PER CURIAM:

¶7Appellant Dryden was convicted by a jury of violating 26 U.S.C. § 5601(a) (1) prohibiting possession, custody or control of an unregistered still. He was sentenced to three years’ imprisonment. This appeal is from a denial by the District Court of appellant’s motion to vacate sentence pursuant to 28 U.S.C. § 2255.

¶8Appellant contends that the search warrant issued in this case by the United States Commissioner violated constitutional due process, was not issued upon sufficient evidence to create probable cause, and that his conviction was based on evidence obtained as a result of an illegal search and seizure.

¶9The District Court held an evidentiary hearing at which it fully considered appellant’s contentions and denied the relief sought. An examination of the record convinces us that the District Court was correct.

¶10Affirmed.

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