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KLEIN v. UNITED STATES

No. 72-2216.

472 F.2d 847 (1973)

Hartmut Alfred KLEIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 2, 1973.

Attorney(s) appearing for the Case

Joseph A. Lovallo (argued), Tucson, Ariz., for appellant.

W. Ronald Jennings, Asst. U. S. Atty. (argued), David Hoffman, Asst. U. S. Atty., William C. Smitherman, U. S. Atty., for appellee.

Before MERRILL and GOODWIN, Circuit Judges, and SKOPIL, District Judge.

SKOPIL, District Judge:

Hartmut Alfred Klein, appellant, was convicted of conspiring with others to import marijuana and of conspiring to possess marijuana with the intent to distribute to others.

The charges arose out of a border search of a 1971 Open Road motor home. Eighty-eight packages of marijuana, weighing 154 pounds, were found in four butane tanks at the rear of the motor home.

The appellant, his wife, Edda Frieda Klein, Floyd Frank Lindeman...

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