United States v. Tyree Birdsong

THORNBERRY, Circuit Judge:

Tyree Birdsong was indicted on three counts of possessing an unregistered distillery in violation of 26 U.S.C.A. § 5601 (a) (1); carrying on the business of a distillery without having given bond in violation of 26 U.S.C. § 5601(a) (4), and possessing non-tax-paid whiskey in violation of 26 U.S.C. § 5604(a) (1). He was tried before a jury, and acquitted of the first two counts, but convicted of the third, possession of non-tax-paid whiskey. On this appeal, Birdsong attacks the trial court’s denial of his motion to suppress certain evidence that he contends was seized…