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UNITED STATES v. COX

Nos. 72-2212, 72-2472.

475 F.2d 837 (1973)

UNITED STATES of America, Appellant, v. Ernest James COX and Ella Doris Roberts, Appellees.

United States Court of Appeals, Ninth Circuit.

March 12, 1973.

Attorney(s) appearing for the Case

Ronald Bain (argued), David C. Marcus, Los Angeles, Cal., for appellees.

William D. Keller, U. S. Atty., Jan Lawrence Handzlik, Eric A. Nobles, Asst. U. S. Attys., Los Angeles, Cal., for appellant.

Before MERRILL and CHOY, Circuit Judges, and ENRIGHT, District Judge.

ENRIGHT, District Judge:

On February 16, 1972, a two count indictment was returned charging defendants Ernest James Cox and Ella Doris Roberts with violating 21 U.S.C. § 841(a)(1), possession with intent to distribute narcotics. Before trial, a motion to suppress was made and argued; the district court granted the motion. A timely notice of appeal was filed by the government. While appeal was pending the indictment was dismissed over the objection of the United...

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