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UNITED STATES v. KANDLIS

Nos. 24775, 24783, 24784 and 25482.

432 F.2d 132 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Ray KANDLIS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Julian Joseph ZEBROWSKI, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William Wilson QUINN, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Larry Allen SLOCUM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 12, 1970.

Attorney(s) appearing for the Case

Joseph R. Schlozman, Kansas City, Mo. (argued for Steven R. Kandlis), James M. Sakrison, of Lesher, Scrugg, Rucker, Kimble & Lindamood, Tucson, Ariz.; John R. McDonald, of Deconcini & McDonald, Tucson, Ariz. (argued for Julian J. Zebrowski), James M. Sakrison, of Lesher, Scruggs, Rucker, Kimble & Lindamood, Tucson, Ariz. (argued for Wm. W. Quinn, Jr.), Leon Thikoll, of Thikoll & Johnston, Tucson, Ariz. (argued for Larry A. Slocum), for appellants.

James McLeod Wilkes (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., of Tucson, Ariz., for appellee.

Before CHAMBERS, HAMLEY and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

The four appellants were each charged with violations of 21 U.S.C. § 176a and 26 U.S.C. § 4744(a). They were tried before a jury, found guilty on the 21 U.S.C. § 176a charge, and each was sentenced under the Youth Corrections Act. Their common contention is that the trial court erred in failing to suppress evidence that marihuana was found in the car in which they were riding, as the...

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