UNITED STATES v. PALMATEER

No. 71-1748.

469 F.2d 273 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Harry William PALMATEER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 3, 1972.


Attorney(s) appearing for the Case

Donald Del Grande, San Bruno, Cal., Carl E. Stewart, Hollywood, Cal., Roswell Bottum, Jr., Los Angeles, Cal., for defendant-appellant.

Robert L. Meyer, U. S. Atty., Eric A. Nobles, Robert P. Scheinblum, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING, HUFSTEDLER, and CHOY, Circuit Judges.


PER CURIAM:

Palmateer appeals from a conviction by a jury under 21 U.S.C. §§ 331(q)(3) (B) and 360a(c)(2) for possession of a stimulant or depressant drug. The evidence that formed the basis for his conviction was discovered during a warrantless search of appellant's prison cell at Terminal Island Correctional Institution where he was already incarcerated. The search of Palmateer's cell followed a "skin search" of appellant's person near the prison commissary...

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