William Fred Dryden v. United States

449 F.2d 786, 1971 U.S. App. LEXIS 7448

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 25, 1971
• Docket: 71-2128_1
• Status: Published

Opinion

PER CURIAM:

Appellant Dryden was convicted by a jury of violating 26 U.S.C. § 5601(a) (1) prohibiting possession, custody or control of an unregistered still. He was sentenced to three years’ imprisonment. This appeal is from a denial by the District Court of appellant’s motion to vacate sentence pursuant to 28 U.S.C. § 2255.

Appellant contends that the search warrant issued in this case by the United States Commissioner violated constitutional due process, was not issued upon sufficient evidence to create probable cause, and that his conviction was based on evidence obtained as a result of an illegal search and seizure.

The District Court held an evidentiary hearing at which it fully considered appellant’s contentions and denied the relief sought. An examination of the record convinces us that the District Court was correct.

Affirmed.