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UNITED STATES v. VIVERO

Nos. 71-2946, 71-2962.

465 F.2d 141 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Enriqe Manuel VIVERO, and Guadalupe Yanez Monje, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied November 13, 1972.

Attorney(s) appearing for the Case

Ronald J. Lemieux (argued), Los Angeles, Cal., Michael J. Lightfoot (argued), Michael P. Balaban, Deputy Federal Public Defender, Los Angeles, Cal., for defendants-appellants.

William Hawes, Asst. U. S. Atty. (argued), Eric A. Nobles, Larry S. Flax, Asst. U. S. Attys., William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES and HUFSTEDLER, Circuit Judges, and SCHNACKE, District Judge.

Certiorari Denied November 13, 1972. See 93 S.Ct. 454.

BARNES, Circuit Judge:

The record before us involves two appeals—appellants were jointly indicted and convicted of the violation of 21 U.S.C. § 841(a) (1)—the possession with intent to distribute a "controlled substance", i. e., 225 kilograms of marijuana. A certain parked and unattended truck was searched by Customs officers without a warrant, and marijuana was found in two concealed...

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