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UNITED STATES v. BLACKSTOCK

No. 26697.

451 F.2d 908 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Carnes James BLACKSTOCK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 13, 1971.

Attorney(s) appearing for the Case

Ronald W. Sommer (argued), Tucson, Ariz., for defendant-appellant.

Patricia Whitehead, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Ann Bowen, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before DUNIWAY and ELY, Circuit Judges, and BYRNE, District Judge.

DUNIWAY, Circuit Judge:

Blackstock, while driving an International Scout car west on Highway 80 just outside of Douglas, Arizona, was stopped by a United States Customs Agent who found marijuana in the vehicle. Blackstock was charged, tried by the court and convicted of concealing and transporting marijuana in violation of 21 U.S.C. § 176a. On appeal, Blackstock contends that his motion to suppress the marijuana seized by the customs agent should have been granted...

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