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UNITED STATES v. CLEAVER

No. 22558.

402 F.2d 148 (1968)

UNITED STATES of America, v. Kenneth Wayne CLEAVER, Appellant.

United States Court of Appeals Ninth Circuit.

October 21, 1968.

Attorney(s) appearing for the Case

David B. Wexler (argued), Tucson, Ariz., for appellant.

Jo Ann D. Diamo (argued), Asst. U. S. Atty., Edward E. Davis, U. S. Atty., Tucson, Ariz., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and HAMLEY and MERRILL, Circuit Judges.

HAMLEY, Circuit Judge:

Kenneth Wayne Cleaver appeals from his conviction on charges of concealing and facilitating the transportation of marijuana in violation of section 106 of the Narcotic Control Act of 1956 (Act), 70 Stat. 570, 21 U.S.C. § 176a (1964), and of importing benzedrine tablets in violation of 18 U.S.C. § 545 (1964).

Defendant's only contention on this appeal is that the marijuana and benzedrine tablets were seized as a result of an...

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