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UNITED STATES v. HEIDEN

Nos. 73-1471 and 73-1570.

508 F.2d 898 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Kirk HEIDEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Larry Arnold KLEIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 16, 1974.

Attorney(s) appearing for the Case

R. N. Harris, Jr., Harris & Hoffman, Los Angeles, Cal. (in 73-1471), Sherman Ellison, Beverly Hills, Cal., for defendants-appellants.

Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before MERRILL and WALLACE, Circuit Judges, and PECKHAM, District Judge.

OPINION

WALLACE, Circuit Judge:

Heiden and Klein appeal their convictions, following a nonjury trial, of unlawful possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Both were in a vehicle which was stopped by Border Patrol agents at the San Onofre fixed checkpoint and found to have approximately 110 pounds of marijuana in the trunk. They raise questions concerning claimed Fourth Amendment violations, sufficiency...

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