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UNITED STATES v. SMITH

Nos. 71-1622, 71-1623.

462 F.2d 456 (1972)

UNITED STATES of America, Appellee, v. Larry C. SMITH, etc., Appellant. UNITED STATES of America, Appellee, v. Marshall CARTER, etc., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1972.

Rehearing and Rehearing Denied July 21, 1972.

Attorney(s) appearing for the Case

Ronald I. Meshbesher, Minneapolis, Minn., for appellants.

Peter J. Thompson, Asst. U. S. Atty., Minneapolis, Minn., for appellee.

Before VOGEL, BRIGHT, and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied in No. 71-1622 July 21, 1972.

BRIGHT, Circuit Judge.

Appellants Larry Smith and Marshall Carter appeal from their convictions for possessing, with intent to distribute, heroin and cocaine in violation of 21 U.S.C. § 841(a)1 Circuit Judge Heaney, sitting by assignment, presided over appellants' jury trial. District Judge Larson, however, heard and decided a pretrial motion to suppress...

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