UNITED STATES v. BASURTO

Nos. 72-2781, 72-2612, 72-2679.

497 F.2d 781 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest Raymond BASURTO et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 19, 1974.


Attorney(s) appearing for the Case

Mickey L. Clifton (argued), Phoenix, Ariz., for defendants-appellants in 72-2781.

David S. Hoffman, Asst. U. S. Atty. (argued), William C. Smitherman, U. S. Atty., Tucson, Ariz., for plaintiff-appellee in all three cases.

John J. Flynn (argued), Michael D. Kimerer, Flynn, Kimerer, Thinnes & Galbraith, Phoenix, Ariz., for defendant-appellant in 72-2679.

Ronald W. Sommer (argued), Tucson, Ariz., for defendant-appellant in 72-2612.

Before HUFSTEDLER and WRIGHT, Circuit Judges, and FERGUSON, District Judge.


FERGUSON, District Judge:

Appellants and 14 others were charged in a one-count indictment with conspiring to import and distribute marijuana, in violation of 21 U.S.C. §§ 176a, 841 and 952. The conspiracy was alleged to have occurred between February 1, 1971 and December 4, 1971, and to have involved smuggling marijuana from Mexico into the United States by airplane. Following the denial of motions to suppress evidence and to dismiss the indictment, appellants...

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