UNITED STATES v. MARTINEZ

No. 25440.

434 F.2d 190 (1970)

UNITED STATES of America, Appellee, v. Anthony Odel MARTINEZ, Appellant.

United States Court of Appeals, Ninth Circuit.

November 16, 1970.


Attorney(s) appearing for the Case

Alan D. Sirota, Beverly Hills, Cal., for appellant.

Edward J. Wallin, Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Criminal Division, Los Angeles, Cal., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and LEVIN, District Judge.


HAMLEY, Circuit Judge:

Anthony Odel Martinez appeals from his conviction, after a nonjury trial, of possessing 120,000 barbiturate capsules and 30,000 amphetamine capsules for sale, in violation of 21 U.S.C. § 331(q) (3).

The sole issue before us is whether the trial court erred in denying defendant's pre-trial motion to suppress the capsules as evidence, and in permitting the capsules to be introduced in evidence at the trial.

Defendant argues...

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