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UNITED STATES v. DIEMLER

No. 73-3714 Summary Calendar.

498 F.2d 1070 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Garrett DIEMLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 12, 1974.

Attorney(s) appearing for the Case

Douglas Tinker, Corpus Christi, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.

PER CURIAM:

This appeal is from a conviction for knowingly and intentionally possessing, with intent to distribute, fourteen (14) pounds of marihuana, a Schedule I controlled substance, in violation of Title 21, U.S.C., Section 841(a) (1). Prior to the trial, defendant Diemler moved to suppress the evidence and the Court directed that the motion to suppress be carried with the case. Trial by jury was waived and the case, both as to the merits and as to the motion...

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