# Petition — Henritze v. United States

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_1499%3A1

## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition
- **Published:** January 1, 1976
- **Citation:** 424 U.S. 966

## Text

} Supreme Court, tu. ss. 7
| FILED
D&C 27 1975 |
eS
MICHAEL RODAK, JR. cireK |
IN THE
Supreme Court of the United States

OctoBER TERM, 1975

No @5-913 |

Watter M. Hennitze, JR., Petitioner
v.

Unttep STaTEs oF AMERICA

PETITION FOR A WRIT OF CERTIORARI TO THE
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

WiruaM R. Gienmuiat, III
929 Healey Building
Atlanta, Georgia 30303

Attorney for Petitioner

Press or Byron S. ADAMs PRINTING, INCc., WasHINGTON, D.C.

INDEX
Page
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ID io n:0'5 0055 604d seers cactks cond ennacen 1
Gymeteas FORINWEED oo. ccsccccccccccescccoccccescs 2

CONSTITUTIONAL AND Statutory Provisions Invotvep.. 2

I Ud. J ucccicetensedecibncnséveds densehen 4
REASONS FOR GRANTING THE WRIT ................0-05 9
CS... Uc dace conus ccumeetieekes boas tacatees 17
BEE A i cn doe vecaucansddavedneedadnsoenanesuns la
BEE BO cbbus 6am ;
3
oy
:
4
:
>

3a

APPENDIX B

—

Unrrep States Court or APPEALS
Firtx Crecvuit
OFFICE OF THE CLERK

November 28, 1975
To Att CounseL or Recorp
No. 75-1963—U.S.A. vs. Wlater M. Henritze, Jr.

Dear Counsel:

This is to advise that an order has this day been
entered denying the petition( ) for rehearing, and no
member of the panel nor Judge in regular active service
on the Court having requested that the Court be polled
on rehearing en bane (Rule 35, Federal Rules of Ap-
pellate Procedure; Local Fifth Circuit Rule 12) the
petition( ) for rehearing en banc has also been denied.

See Rule 41, Federal Rules of Appellate Procedure
for issuance and stay of the mandate.

Very truly yours,

Epwarp W. WapswortH, Clerk

by Susan M. Gravois
Deputy Clerk
/smg

ec: Mr. William R. Gignilliat, IIT
Mr. Steven W. Ludwick

APPENDIX C
Stay of Mandate

fa
APPENDIX C
[Filed: December 8, 1975]

Unrrep States Court or APPEALS
For tHe Firtxs Circuit

No. 75-1963

Unrrep Srates or America, Plaintiff-A ppellee,
versus

Water M. Hewnirze, Jr., Defendant-A ppellant.

On CoNnsIDERATION OF THE AppLicaTion of the appellant
in the above numbered and entitled cause for a stay of
the mandate of this Court therein, to enable appellant
to apply for and to obtain a writ of certiorari frem the
Supreme Court of the United States. Ir Is Orperep that
the issuance of the mandate of this Court in said cause
be, and the same is stayed to and including December
28, 1975, the stay to continue in force until the final
disposition of the case by the Supreme Court, provided
that within the period above mentioned there shall be
filed with the Clerk of this Court the certificate of the
Clerk of the Supreme Court that certiorari petition has
been filed. Ir Is FurrHer Orperep that the Clerk shall
issue the mandate upon the filing of a copy of an order
of the Supreme Court denying the writ, or upon the
expiration of the stay granted herein, unless the above
mentioned certificate shall be filed with the Clerk of this
Court within that time.

/s/ R. Morean
R. Morgan
United States Circuit Judge

APPENDIX D
Search Warrant

5a
APPENDIX D

Untitep States District Court
FOR THE
NortTHERN District or GEORGIA

Magistrate’s Docket No. M 74
Case No. 1230 A

SEARCH WARRANT
United States of America

vs.

One brown wrapped cardboard box having approximate

dimensions of 12” x 914” x 5”, having a gross weight of

2 Ibs. 3 ozs. addressed to June Llewelyn, 2311 Bank of

Georgia Building, Atlanta, Georgia, U.S.A., 30303, bearing

return address of S. T. Van Heusn, 36 Louis Davidstraat,
Zandvoort, Netherlands

To James Williams, Special Agent, Drug Enforcement
Administration, and/or any other Special Agents of the
Drug Enforcement Adm. Affidavit having been made be-
fore me by Special Agent James Williams, Drug Enforce-
ment Administration that he is positive’ that on the
premises know as one brown wrapped cardboard box
having approximate dimensions of 12” x 914” x 5”, having
a gross weight of 2 lbs. 3 ozs. addressed to June Llewelyn,
2311 Bank of Georgia Building, Atlanta, Georgia, U.S.A.
30303, bearing return address 8S. T. Van Heusn, 36 Louis
Davidstraat, Zandvoort, Netherlands, bearing a customs
declaration describing the contents of the box as ‘‘1 box
of Dutch chocolates,’’ which arrived in Atlanta, Georgia

6a

from New York, N.Y. on August 19, 1974, and is sched-
uled to be delivered to the addressee on September 13,
1974 in the Northern District of Georgia there is now
being concealed certain property, namely approximately
15 ozs. of hashish, a Schedule 1 controlled substance as
defined in 21 U.S.C. 812 and a contraband item.

which are hashish, a Schedule 1 controlled substance as
defined in 21 USC 812 and a contraband item.

and as I am satisfied that there is probable cause to
believe that the property so described is being concealed
on the premises above described and that the foregoing
grounds for application for issuance of the search warrant
exist.

You are hereby commanded to search forthwith the
place named for the porperty specified, serving this war-
rant and making the search in the daytime and if the
property be found there to seize it, leaving a copy of
this warrant and a receipt for the property taken, and
prepare a written inventory of the property seized and
return this warrant and bring the property before me
within ten days of this date, as required by law. This
search warrant must be executed between the hours of
8 am. & 12 noon 9/13/74 at 2311 Bank of Ga. Bldg.,
Atlanta, Ga. 30303.

Dated this 12th day of September, 1974 at —— p.m.
Auten L. Cuancey, Jr., U.S. Magistrate
Appendix ‘‘B”’

7a
Appendix ‘‘B”’
Unitep States District Court

FOR THE
NorTHEERN District or GEORGIA

Magistrate’s Docket No. M 74

Case No. 1230 A

AFFIDAVIT FOR SEARCH WARRANT

United States of America
vs.

One brown wrapped cardboard box having approximate
dimensions of 12” x 914” x 5”, having a gross weight of
2 lbs. 3 ozs., addressed to June Llewelyn, 2311 Bank of
Georgia Bldg., Atlanta, Ga., U.S.A. 30303, bearing return
address of S. T. Van Heusn, 36 Louis Davidstraat,
Zandvoort, Netherlands.

Berore Auten L. Cuancey, Jr., Atlanta, Georgia
The undersigned being duly sworn deposes and says:

That he is positive’ that on the premises known as
one brown wrapped cardboard box having approximate
dimensions of 12” x 914” x 5”, having a gross weight of
2 lbs. 3 ozs., addressed to June Llewelyn, 2311 Bank of
Georgia Bldg., Atlanta, Ga., U.S.A. 30303, bearing return
address of S. T. Van Heusn, 36 Louis Davidstraat,
Zandvoort, Netherlands, bearing a customs declaration
describing the contents of the box as ‘‘1 box of Dutch
chocolates’’, which arrived in Atlanta, Ga., from New
York, N.Y. on 8/19/74, and is scheduled to be delivered
to the addressee on 9/13/74,

8a

in the Northern District of Georgia

there is now being concealed property, namely approxi-
mately 15 ounces of hashish,

which are hashish, a Schedule I controlled substance as
defined in 21 U.S.C. 812, and a contraband item.

And that the facts tending to establish the foregoing
grounds for issuance of a Search Warrant are as follows:
On 8/19/74, Postal Inspector Schnetzer received the above
described box from New York, N.Y., with information
which stated that the box contained approximately 15
ounces of hashish, a controlled substance. The contents
of the box had been previously field tested and showed
a positive reaction for hashish in New York. On 9/12/74,
the above described box was opened in the office of U.S.
Postal Inspector Schnetzer in the presence of SA Robert
Alston, U.S. Customs, Postal Inspector Schnetzer, SA
James Williams, DEA, SA George Faz, DEA, and SA
Mike Dorsett, DEA. On 9/12/74, a field test for hashish
was conducted on the contents of the above described
box in the Office of Postal Inspector Schnetzer. The test
results were positive for the presence of hashish in the
contents of the box. After the test was concluded, the
contents of the above described box were weighed, and the
box was re-sealed by SA Williams and SA Alston. The
above described box is scheduled for delivery to 2311
Bank of Georgia Bldg., Atlanta, Ga., on 9/13/74.

James WILLIAMS
Drug Enforcement Administration

Sworn to before me, and subscribed in my presence,
September 12, 1974

Appendix ‘‘A’’

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_1499%3A1. Public record. Not legal advice.