United States v. Cleveland Johns

AINSWORTH, Circuit Judge:

Cleveland Johns was convicted and sentenced for violation of 26 U.S.C. § 5686(a), relative to possession of property (sugar), knowing that it was intended to be used in the illicit liquor business. Prior to trial appellant moved to suppress the evidence on the basis that there was no probable cause to justify the seizure which was made without a search or arrest warrant. The motion was denied.

Three issues are presented on appeal: whether the evidence was sufficient to sustain the conviction, whether the search of appellant’s truck and seizure of the contraband sugar…