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UNITED STATES v. DeBERRY

Nos. 1031, 1058, Dockets 73-1283, 73-1353.

487 F.2d 448 (1973)

UNITED STATES of America, Appellee, v. Ronald DeBERRY and Julius Edwards, Appellants.

United States Court of Appeals, Second Circuit.

Decided November 7, 1973.

Attorney(s) appearing for the Case

Helena P. Solleder, New York City, for appellant DeBerry.

Gilbert Epstein, New York City, for appellant Edwards.

Kenneth Kaplan, Asst. U.S. Atty. (Robert A. Morse, U.S. Atty. for the E. D. New York, Raymond J. Dearie, Asst. U.S. Atty., on the brief), for appellee.

Before MOORE and OAKES, Circuit Judges and GURFEIN, District Judge.

OAKES, Circuit Judge:

The principal question raised on this appeal from judgments in the United States District Court for the Eastern District of New York relates to the claim of deprivation of the sixth amendment right to effective counsel by virtue of the fact that the same attorney represented both appellants below. Subsidiary questions include whether the warrantless search of a suitcase containing 25 pounds of marijuana violated the fourth amendment and whether...

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