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UNITED STATES v. SULLIVAN

No. 73-2769. Summary Calendar.

488 F.2d 138 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Ed SULLIVAN, Jr., and Kim Sullivan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 12, 1973.

Attorney(s) appearing for the Case

Joseph S. Chagra, Lee A. Chagra, El Paso, Tex., for defendants-appellants.

William Sessions, U. S. Atty., San Antonio, Tex., Ronald F. Ederer, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

Defendants were convicted for knowingly and intentionally conspiring to import marijuana from Mexico into the United States. 21 U.S.C.A. § 963. On appeal, they challenge the legality of a search which produced the incriminating marijuana. Defendants, however, lack standing to object to the evidence as the product of an illegal search.

[T]here is no standing to contest a search and seizure where, as here, the defendants: (a) were not on the...

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