UNITED STATES v. POWELL

Nos. 71-1690, 71-1691.

449 F.2d 335 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward POWELL and Kenneth Wayne Wheeler, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

August 31, 1971.


Attorney(s) appearing for the Case

George W. Hunt, George Haverstick, San Diego, Cal., for defendants-appellants.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., Nancy Duff, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HAMLEY, HUFSTEDLER, and KILKENNY, Circuit Judges.


PER CURIAM:

Codefendants Wheeler and Powell appeal from their respective convictions for violating 21 U.S.C. § 176a. Both appellants challenge the legality of the search that revealed the marihuana. Wheeler attacks the sufficiency of the evidence to sustain his conviction.

On the evening of September 13, 1970, a border patrol agent saw a pickup truck stop on a road about a mile and a half from the Mexican border. The truck lights were off, and the driver...

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