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UNITED STATES v. GLASSEL

No. 73-2044.

488 F.2d 143 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis Keith GLASSEL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 7, 1973.

Attorney(s) appearing for the Case

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

William C. Smitherman, U. S. Atty. James E. Mueller, Asst. U. S. Atty. (argued), Tucson, Ariz., for plaintiff-appellee.

Before CARTER and GOODWIN, Circuit Judges, and EAST, District Judge.

OPINION

JAMES M. CARTER, Circuit Judge:

Defendant was convicted and sentenced on two counts: the first conviction was under 21 U.S.C. §§ 841(a) and 841(b) for possession of cocaine with intent to distribute; the second was under 21 U.S.C. §§ 841(a) and 846 for attempting to distribute cocaine. He appeals, contending that the cocaine was unlawfully seized and therefore improperly admitted into evidence at trial, and that the trial judge...

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