United States v. Tarbox ( 1997 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 97-1913





                              UNITED STATES OF AMERICA,



                                      Appellee,



                                          v.



                                   PETER E. TARBOX,



                                Defendant, Appellant.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                              FOR THE DISTRICT OF MAINE



                     [Hon. Morton A. Brody, U.S. District Judge]
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                                 ____________________



                                        Before



                                Torruella, Chief Judge,
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                           Selya and Stahl, Circuit Judges.
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            Wayne S. Moss on brief for appellant.
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            Jay P.  McCloskey,  United States  Attorney, Timothy  Wing and  F.
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        Mark   Terison,  Assistant  United  States  Attorneys,  on  brief  for
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        appellee.





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                                 November 19, 1997

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                      Per  Curiam.     Defendant-appellant  Peter  Tarbox
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            appeals from the  district court's denial of  his suppression



            motion.   The sole issue  on appeal is whether  the searching



            officers violated  the Fourth Amendment  because they entered



            appellant's  home and began the search after receiving notice



            that a search warrant had  been issued but before the warrant



            was  in  their  physical  possession.    The  district  court



            properly  concluded  that  our holding  in  United  States v.
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            Bonner,  808  F.2d  864, 869  (1st  Cir.  1986) dictates  the
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            outcome  in this  case.   Bonner  has not  been overruled  by
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            Wilson v. Arkansas, 514 U.S. 927 (1995), as appellant argues.
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            Therefore, the order  denying appellant's motion  to suppress



            and the  judgment of  conviction are affirmed.   See  Loc. R.
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            27.1.



















































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