U.S. Court of Appeals for the Fifth Circuit, 1971

United States v. Thomas Johnson Seay

United States v. Thomas Johnson Seay
U.S. Court of Appeals for the Fifth Circuit · Decided August 25, 1971 · Bell, Ainsworth, Godbold
446 F.2d 1399; 1971 U.S. App. LEXIS 8356 (Federal Reporter, Second Series)

United States v. Thomas Johnson Seay

Opinion

PER CURIAM:

Responding to the mandate of this court on a prior appeal, United States v. Seay, 432 F.2d 395 (5th Cir. 1970), the District Court has conducted an evi-dentiary hearing and entered findings of fact as to the knowledge possessed by the Mobile, Alabama, police at the time they booked Seay for vagrancy and took his fingerprints, and has concluded that there was probable cause for the said arrest. The record in this court has been supplemented by these additional proceedings and findings.

We' have reviewed the supplemental record. The findings of the District Court are not plainly erroneous. They are affirmed, with the consequence that the conviction of Seay, held on the prior appeal to be otherwise subject to af-firmance, must be, and hereby is, affirmed.

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