UNITED STATES v. VALLEJO

No. 72-2016.

482 F.2d 616 (1973)

UNITED STATES of America v. Thomas Peter VALLEJO et al. Appeal of Edson L. WHIPPLE.

United States Court of Appeals, Third Circuit.

Decided June 20, 1973.


Attorney(s) appearing for the Case

Robert E. J. Curran, U. S. Atty., Jeffrey M. Miller, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Leonard Sosnov, Asst. Defender, Jonathan Miller, Vincent J. Ziccardi, Defender Association of Philadelphia, Philadelphia, Pa., for appellants.

Before SEITZ, Chief Judge, and ALDISERT and ADAMS, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

In this case arising from an abortive attempt to smuggle one ton of marijuana from Mexico by way of Texas to Philadelphia, appellant Whipple was convicted of dealing in and conspiring to import marijuana. 21 U.S.C. § 176(a); 26 U.S.C. § 4755. The district court denied a suppression petition, and Whipple has appealed.

Richard Esch and John Schenck went to Mexico in early 1971 to discuss with David...

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