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UNITED STATES v. MINER

No. 72-3204.

484 F.2d 1075 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Donald MINER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 1, 1973.

Attorney(s) appearing for the Case

Land Wayland, Deputy Federal Public Defender (argued), John K. Van De Kamp, Federal Public Defender, Michael J. Lightfoot, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

William John Rathje, Asst. U. S. Atty. (argued), William D. Keller, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before DUNIWAY and WRIGHT, Circuit Judges, and RENFREW, District Judge.

OPINION

DUNIWAY, Circuit Judge:

Miner appeals from his conviction for possessing amphetamine pills with intent to distribute them, 21 U.S.C. § 841(a) (1). He challenges only the denial of his motion to suppress the pills as the fruit of an improper search. We remand for further proceedings.

On April 28, 1972, at Los Angeles International Airport, Miner approached the counter to check in for a United Air Lines flight from Los Angeles to Portland...

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