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UNITED STATES v. MOORE

No. 72-3181.

483 F.2d 1361 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Hal Findley MOORE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 30, 1973.

Attorney(s) appearing for the Case

Robert J. Hirsh (argued), of Messing, Hirsh & Franklin, Tucson, Ariz., for defendant-appellant.

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

Before BROWNING and GOODWIN, Circuit Judges, and TAYLOR, District Judge.

OPINION

BROWNING, Circuit Judge:

This is an appeal from convictions for possessing marihuana with intent to distribute (21 U.S.C. § 841(a) (1)), and for assaulting a federal officer in the course of his official duties (18 U.S.C. § 111). The prosecution stemmed from an "airport search" in which the marihuana was discovered in appellant's luggage. Following discovery of the marihuana, appellant forcibly resisted the attempts of two federal Customs...

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