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UNITED STATES v. OSUNA-SANCHEZ

No. 25934.

431 F.2d 709 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. Roberto OSUNA-SANCHEZ, Manuel Aguirre-Barrera and Francisco Villa-Flores, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 19, 1970.

Attorney(s) appearing for the Case

James M. Wilkes (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for plaintiff-appellant.

Lawrence Ollason, Tucson, Ariz. (argued), for Osuna-Sanchez.

Gilbert Gonzales, Tucson, Ariz. (argued), for Aguirre-Barrera.

Manuel H. Garcia, Tucson, Ariz., for Villa-Flores.

Before MERRILL and DUNIWAY, Circuit Judges, and SWEIGERT, District Judge.

PER CURIAM:

The United States appeals from an order suppressing evidence obtained from a warrantless search of an automobile following lawful arrest. The order was entered by the District Court on the authority of this court's holding in Heffley v. Hocker, 420 F.2d 881 (9th Cir. 1969). In that case certiorari to the Supreme Court was granted and the case was remanded to this court for further consideration in light of Chambers v....

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