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UNITED STATES v. McCALEB

Nos. 76-2060, 76-2061.

552 F.2d 717 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Ross McCALEB and Brenda Page, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 11, 1977.

Rehearing and Rehearing Denied June 2, 1977.

Attorney(s) appearing for the Case

Martin S. Baum, Detroit, Mich. (Court appointed-CJA), for defendant-appellant in No. 76-2060.

Renee S. Siegan, F. Randall Karfonta, Detroit, Mich., for defendant-appellant in No. 76-2061.

Philip Van Dam, U. S. Atty., Christopher A. Andreoff, Detroit, Mich., for plaintiff-appellee.

Before WEICK, PECK and ENGEL, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 1977.

PECK, Circuit Judge.

These defendants appeal their convictions for possession of a controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a)(1). McCaleb was first found guilty by a judge sitting without a jury. Page was convicted after a jury trial. Prior to the trials, the district judge conducted an evidentiary hearing on the defendants' motions to suppress the evidence and...

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