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United States v. Munford

March 1, 1979

UNITED STATES OF AMERICA
v.
MUNFORD, JOE CHATMAN, JOE C. MUNFORD, APPELLANT



APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, D.C. CRIM. No. 76-260-1

Author: Gibbons

Order

The opinion of the court filed May 30, 1978, in United States v. Munford, No. 77-1902, is withdrawn and the attached opinion is substituted.

Before: ADAMS, GIBBONS and GARTH, Circuit Judges

GIBBONS, Circuit Judge

Joe Chatman Munford appeals from a judgment of sentence after a jury found him guilty of violating 21 U.S.C. §§ 841(a)(1) and 846. The facts of the case are provided in the majority opinion for the court en banc in United States v. Belle, No. 77-1903. There, Judge Garth sets forth the reasons why a Terry stop of Belle was proper. Those reasons apply with equivalent force to Munford. Similarly, the majority's conclusions that Belle's arrest was lawful and that the seizure of the heroin from the Lincoln Continental under Munford's control was proper govern Munford's assertion to like effect as well. Munford also contends: (1) that his post-arrest statements, made after he received Miranda warnings, should have been excluded; (2) that there was insufficient evidence to sustain a verdict against him; (3) that the district court impermissibly summarized the evidence; and (4) that the proscutor's closing argument was improper. We reject all these contentions.

The judgment appealed from will be affirmed.

19790301

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