UNITED STATES v. CHAVEZ

No. 72-3726.

482 F.2d 1268 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo CHAVEZ et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 1, 1973.


Attorney(s) appearing for the Case

John L. Fashing, El Paso, Tex., on appeal for defendants-appellants.

Victor Arditti, El Paso, Tex., (Court-appointed) for Chavez.

Paul C. Moreno, El Paso, Tex., (Court-appointed) for Barraza-Acevedo.

Larry Victorson, El Paso, Tex., (Court-appointed) for Campos.

Joseph A. Calamia (Court-appointed), John L. Fashing, El Paso, Tex., for Escobedo.

William S. Sessions, U. S. Atty., San Antonio, Tex., Edward S. Marquez, El Paso, Tex., Asst. U. S. Atty., for plaintiff-appellee.

Before WISDOM, GEWIN and CLARK, Circuit Judges.


WISDOM, Circuit Judge:

This case concerns the sufficiency of an affidavit to support the issuance of a search warrant. The four defendants were convicted of possessing, with intent to distribute, marijuana, a schedule I controlled substance, in violation of 21 U.S.C. § 841 (a) (1). Customs agents found 526 pounds of marijuana during a search of defendant Jose Barraza-Acevedo's residence. The four defendants rest their appeal primarily on the ground that the affidavit...

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