United States v. Butler

SPEARS, Chief Judge.

The defendant, Sonny Eldon Butler, is charged by information with a violation of 15 U.S.C. § 902(e), in that on or about September 1, 1963, having been a person who had theretofore been convicted of a felony, to-wit, manslaughter, he transported in interstate commerce from California to Texas, an automatic pistol. Prior to trial he filed his motion under Rule 41(e) of the Federal Rules of Criminal Procedure to return the pistol, and to suppress its use as evidence, on the ground that it had been illegally seized without a warrant.

After carefully considering the motion, the…