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UNITED STATES v. MARKHAM

No. 26720.

440 F.2d 1119 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Walter MARKHAM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 12, 1971.

Attorney(s) appearing for the Case

Lars Pedersen, Tucson, Ariz. (argued), for defendant-appellant.

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

Before HAMLIN, DUNIWAY and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Michael Walter Markham appeals his conviction for transportation and concealment of 280 pounds of marijuana in violation of 21 U.S.C. § 176a. On appeal, he contends that the marijuana in question was secured by federal agents as the result of an illegal search and seizure in violation of his rights under the Fourth Amendment. We disagree and affirm.

I. THE OPERATIVE FACTS.

At 1:30 a. m. on March 7, 1970, two...

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