Legal Opinion

United States v. George Defeis and James Antonio

Court of Appeals for the Fifth Circuit

Decided May 13, 1976No. 75--3745PublishedCited by 15 opinions

1Per curiam

George DeFeis and James Antonio appeal from their convictions of possessing with intent to distribute and distributing 140 grams of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. They contend on appeal that the trial court erred in determining (1) that the entry by Drug Enforcement Agents into the apartment from which the cocaine was seized was unaccompanied by force, and (2) that 18 U.S.C. § 3109 (pertaining to the breaking of doors or windows of a house in the execution of a search warrant) 1 was not violated by the subterfuge of government agents in gaining entry. We…

2Cases cited4 opinions

  1. Miller v. United StatesSupreme Court of the United States · 1958
  2. Sabbath v. United StatesSupreme Court of the United States · 1968
  3. Willis Smith and Resolute Insurance Company of Hartford, Connecticut v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  4. United States v. Ricardo Cornelius BealeCourt of Appeals for the Fifth Circuit · 1971

3Cited by15 opinions

  1. United States v. Ronald Berkowitz, Paul D'alessandro, Kevin Van Coughnett, Bisan Vafaie, and Wendall HowellCourt of Appeals for the Fifth Circuit · 1981
  2. Ellen Storck v. City of Coral SpringsCourt of Appeals for the Eleventh Circuit · 2003
  3. United States v. John Dohm and Robert RowenCourt of Appeals for the Fifth Circuit · 1979
  4. United States v. Julio Javier SoriaCourt of Appeals for the Seventh Circuit · 1992
  5. United States v. StevensCourt of Appeals for the Fifth Circuit · 1994

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