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455 F.2d 513

Docket No. 71-1692.

Arnold v. Johnson

Sixth Circuit Court of Appeals

Decided March 21, 1972.

Sixth Circuit Court of Appeals · decided 1972-03-21

2 counsel of record

Relies on People v. Sinclair · Bateman v. United States

Opinion by (per_curiam) · Decided 1972-03-21

¶1Willis Arnold, in pro. per.

¶2Prank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Stewart H. Freeman, Asst. Sol. Gen., Lansing, Mich., for appellee, on brief.

¶3Before EDWARDS and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

¶4PER CURIAM.

¶5Appellant appeals from denial of his petition for writ of habeas corpus before the United States District Court for the Eastern District of Michigan. He had previously been sentenced in state court for possession of marijuana to a term of 7% to 10 years.1

¶6Appellant in this case contends that federal constitutional violations were committed during the course of his state court trial by an illegal search, prejudicial publicity, and the admission of incriminating hearsay testimony.

¶7The facts pertaining to the search do not appear to be in dispute and we agree with the District Judge that they constitute probable cause for the arrest and consequently the search of defendant incident to said arrest.

¶8We do not find any federal constitutional violation in the general newspaper articles concerning drug usage about which appellant protests.

¶9The third issue, pertaining to hearsay evidence, does not appear to have been presented to the court below and as a consequence, will not be dealt with here.

¶10The judgment of the District Court is affirmed.

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