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UNITED STATES v. CUSANELLI

No. 72-1647.

472 F.2d 1204 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Henry CUSANELLI and Dennis Ray Stanley, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 25, 1973.

Attorney(s) appearing for the Case

Richard W. Ashenbrenner, Miami, Fla., for Dennis Stanley; Fred A. Jones, Jr., Miami, Fla., for Joseph Cusanelli; Law Offices of Fred A. Jones, Jr., Miami, Fla., on brief.

Robert D. Zitko, Asst. U. S. Atty., for plaintiff-appellee; William W. Milligan, U. S. Atty., Columbus, Ohio, on brief.

Before EDWARDS and LIVELY. Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

The only issue of substance presented on this appeal is defendants-appellants' claim that the District Judge erred in failing to grant their motion to suppress evidence on the basis of their claim that customs agents' search and seizure of 1,000 pounds of marijuana at a roadblock near an airport at Chillicothe, Ohio, violated the Fourth Amendment.

The evidence at the suppression hearing indicated that four customs agents saw a twin-engine Beechcraft...

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