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UNITED STATES v. SOSA

No. 72-2133.

469 F.2d 271 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred Richard SOSA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 10, 1972.

Attorney(s) appearing for the Case

James M. McCabe (argued), Federal Defenders Inc., San Diego, Cal., for defendant-appellant.

Robert P. Risso, Asst. U. S. Atty. (argued), Stephen G. Nelson, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HAMLEY and WRIGHT, Circuit Judges, and POWELL, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

In a trial to the court without a jury, appellant Sosa was convicted of illegal importation of heroin in violation of 21 U.S.C. §§ 952, 960 and 963. Prior to trial, Sosa moved to suppress evidence obtained in a body cavity search. Following an evidentiary hearing, the motion was denied. Sosa then waived a jury trial and submitted the case on the transcript of the suppression motion...

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