UNITED STATES v. HAYES

Nos. 72-3009, 72-3010.

474 F.2d 965 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Bill HAYES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Neil Eugene MEICKE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 5, 1973.


Attorney(s) appearing for the Case

Frederic F. Kay, Asst. Federal Public Defender (argued), Tom Karas, Federal Public Defender, Michael P. Callahan (argued), Tucson, Ariz., for defendants-appellants.

William C. Smithermen, U. S. Atty. (argued), Sarah Ann Bailey, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before: ELY and TRASK, Circuit Judges, and EAST, District Judge.


TRASK, Circuit Judge:

Appellants were convicted of possessing, with intent to distribute, approximately 18 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1). They contend that the district court erred in denying their motion to suppress evidence, marijuana found inside their Volkswagen van. In addition, appellants attack the fine imposed upon them as an improper sentence under the Federal Youth Corrections Act. 18 U.S.C. §§ 5005-5026.

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