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UNITED STATES v. LEAZAR

No. 71-1287.

460 F.2d 982 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Frederick LEAZAR and David Anthony Brown, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 9, 1972.

Attorney(s) appearing for the Case

Harry Stewart, Jr. (argued), E. Reid Southern, of Stewart & Pickrell, Phoenix, Ariz., for defendants-appellants.

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

Before KOELSCH and ELY, Circuit Judges, and TAYLOR, District Judge.

ELY, Circuit Judge:

On June 7, 1970, Sergeant De La Ossa of the Nogales, Arizona police department noticed a black and white Chevrolet parked in the downtown area of Nogales. Later that day, while patrolling the same area, he observed two people approach the Chevrolet in a tan Oldsmobile. When the Oldsmobile stopped, the passenger, later identified as Leazar, got out, walked to the Chevrolet, climbed inside, and drove away. Sergeant De La Ossa could not identify the...

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