UNITED STATES v. BORCICH

No. 71-1268.

460 F.2d 1391 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. Vincent Lawrence BORCICH and Roger LeRoy Conaway, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 8, 1972.


Attorney(s) appearing for the Case

Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Oretga, U. S. Atty., Albuquerque, N. M., with him on brief), for plaintiff-appellant.

James R. Toulouse of Toulouse & Moore, Albuquerque, N. M., for defendants-appellees.

Before LEWIS, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.


Lewis, Chief Judge.

Borcich and Conaway stand charged in a two-count indictment with violations of 21 U.S.C. § 176a, the transportation and importation of 1200 pounds of marihuana. After an evidentiary hearing on a motion to suppress, the District Court for the District of New Mexico found that the marihuana was obtained by state police in a manner violative of the accused's rights and granted the motion to suppress. The United States appeals. The findings and...

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