United States v. Jeffery Todd Marshall and Louis James Sterrenberg

Fifth Circuit

United States v. Jeffery Todd Marshall and Louis James Sterrenberg

672 F.2d 425, 1982 U.S. App. LEXIS 20412

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 5, 1982

Docket78-5664

StatusPublished

Cited by2 cases

This text of 672 F.2d 425 (United States v. Jeffery Todd Marshall and Louis James Sterrenberg) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Jeffery Todd Marshall and Louis James Sterrenberg, 672 F.2d 425, 1982 U.S. App. LEXIS 20412 (5th Cir. 1982).

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Opinion

PER CURIAM:

In United States v. Marshall, 609 F.2d 152 (5th Cir. 1980), this case was remanded to the district court for further proceedings touching upon the motion to suppress.

The district judge gave prompt attention to the matter and, after the further proceedings contemplated in our remand, prepared and filed a detailed written order with necessary findings. The motion to suppress was denied; the verdicts and judgments were reinstated.

The case was resubmitted to this panel for final review, as directed. Thereafter, in September 1981 and in December 1981 counsel supplied this court with supplemental authorities and raised issues not theretofore presented.

We have examined the record, the district court’s order, on remand, denying motion to suppress, and the additional submission of counsel. We do not read Robbins v. Cali *426 fornia, 453 U.S. 420, 101 S.Ct. 2841, 69 L.Ed.2d 744 (1981), or its progeny as prohibiting the search here under consideration. The obviousness of the nature of the contents of the packages discovered aboard the vessel in the environment wherein they were discovered equates the discovery of the packages with the discovery of their contents.

With that observation, the judgment of the district court is affirmed on the basis of Judge King’s Order filed October 10, 1980.

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PER CURIAM:

In United States v. Marshall, 609 F.2d 152 (5th Cir. 1980), this case was remanded to the district court for further proceedings touching upon the motion to suppress.

The district judge gave prompt attention to the matter and, after the further proceedings contemplated in our remand, prepared and filed a detailed written order with necessary findings. The motion to suppress was denied; the verdicts and judgments were reinstated.

The case was resubmitted to this panel for final review, as directed. Thereafter, in September 1981 and in December 1981 counsel supplied this court with supplemental authorities and raised issues not theretofore presented.

We have examined the record, the district court’s order, on remand, denying motion to suppress, and the additional submission of counsel. We do not read Robbins v. Cali *426 fornia, 453 U.S. 420, 101 S.Ct. 2841, 69 L.Ed.2d 744 (1981), or its progeny as prohibiting the search here under consideration. The obviousness of the nature of the contents of the packages discovered aboard the vessel in the environment wherein they were discovered equates the discovery of the packages with the discovery of their contents.

With that observation, the judgment of the district court is affirmed on the basis of Judge King’s Order filed October 10, 1980.

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672 F.2d 425, 1982 U.S. App. LEXIS 20412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jeffery-todd-marshall-and-louis-james-sterrenberg-ca5-1982.

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