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UNITED STATES v. ROTHMAN

No. 73-1286.

492 F.2d 1260 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Martin ROTHMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 19, 1974.

Attorney(s) appearing for the Case

William M. Owens (argued), Encinitas, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Shelby R. Gott, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

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

OPINION

DUNIWAY, Circuit Judge:

Rothman appeals from his conviction for possession of marijuana with intent to distribute, 21 U.S.C. § 841(a) (1). He challenges the denial of his motion to suppress the marijuana as the fruit of an improper search.

When a motion to suppress has been denied we view the evidence in the light most favorable to the government. United States v. Sherman, 9 Cir., 1970,

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