A. C. Carter v. United States

GROOMS, District Judge.

Appellant Carter was tried without a jury under a two-count indictment for the possession and transportation of non-tax-paid whisky, in violation of Sections 5205(a) (2) and 5604(a) of Title 26 U.S.C. He was found guilty on both counts and sentenced to two years on count one, and placed on probation for three years on count two to begin when released from the sentence on count one.

Appellant made a timely motion under Rule 41(e) of the Federal Rules of Criminal Procedure to suppress the seized contraband and all the evidence relating to its taking and seizure. The motion…