UNITED STATES v. HEIMFORTH

No. 73-2241.

493 F.2d 970 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Orville HEIMFORTH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied April 1, 1974.


Attorney(s) appearing for the Case

Frank T. Vecchione (argued), Fed. Public Defenders, San Diego, Cal., Ralph N. George, Torrance, Cal., for defendant-appellant.

James W. Meyers (argued), Asst. U. S. Atty., Stephen G. Nelson, Catherine A. Chandler, Asst. U. S. Attys., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before MERRILL, KOELSCH and CHOY, Circuit Judges.


Certiorari Denied April 1, 1974. See 94 S.Ct. 1615.

CHOY, Circuit Judge:

Heimforth was convicted on four counts of illegally importing marijuana and possession of contraband with intent to distribute. The sole basis for his appeal is that certain quantities of marijuana, which the district court allowed at trial, were seized pursuant to an illegal search. We vacate and remand.

The facts are not in dispute. On March 14, 1972 border agents discovered...

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