United States v. Edward Lee Tucker

LUMBARD, Chief Judge.

Edward Lee Tucker appeals from a judgment of conviction, after a jury trial in the Southern District, for receiving and possessing, and conspiring to receive and possess heroin, in violation of 21 U.S.C. §§ 173, 174. He was sentenced to 7% years on each count to be served concurrently. On appeal, he claims that the government failed to establish probable cause for his arrest without a warrant, 1 and that evidence obtained in a search incident to his arrest ought therefore to have been suppressed at the pretrial hearing. Judge Frankel, following the government’s refusal to…