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UNITED STATES v. ROBERTS

Nos. 72-1938, 72-1939.

470 F.2d 858 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald ROBERTS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Neil JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 5, 1972.

Attorney(s) appearing for the Case

Kevin J. McInerney (argued), San Diego, Cal., for defendants-appellants.

James W. Meyers, Asst. U. S. Atty. (argued), Stephen G. Nelson, Stephen W. Peterson, Asst. U. S. Attys., Harry D. Steward, U. S. Atty., for plaintiff-appellee.

Before HAMLIN and DUNIWAY, Circuit Judges, and JAMESON, District Judge.

DUNIWAY, Circuit Judge:

Roberts and Johnson appeal from their convictions under charges of conspiring to import, importing, conspiring to possess, and possessing marijuana, 21 U.S.C. §§ 841, 846, 952, 960, 963. We affirm.

The only question presented is the validity of a search of an automobile driven by Roberts and in which Johnson was a passenger. A large quantity of marijuana was found in the trunk of the car.

At about 11:15 at night two...

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