United States v. Ernest Earl Sterling

OPINION OF THE COURT

SEITZ, Circuit Judge.

The appellant (“defendant”) was convicted by a jury of possessing distilled spirits without the required stamp, in violation of 26 U.S.C. § 5205(a) (2), and contrary to 26 U.S.C. § 5604(a) (1), and of assaulting an officer of the United States in violation of 18 U.S.C. § 111.

As stated in defendant’s brief, “the basis for [the] appeal in this case is that [the] motion to suppress should have been granted.” The court below denied defendant's pre-trial motion to suppress evidence seized pursuant to a search warrant. The first issue is whether the facts…