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UNITED STATES v. MARTINEZ-TAPIA

No. 73-2121.

499 F.2d 1244 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel MARTINEZ-TAPIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 1, 1974.

Attorney(s) appearing for the Case

Robert L. Boles (argued), Federal Defenders, Inc., San Diego, Cal., for defendant-appellant.

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

Before DUNIWAY and SNEED, Circuit Judges, and SWEIGERT, District Judge.

OPINION

DUNIWAY, Circuit Judge:

We postponed submission of this case pending decision by this court in banc of a number of cases involving applications of the decision of the Supreme Court in Almeida-Sanchez v. United States, 1973, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596. Those cases have now been decided.

Martinez-Tapia was driving westward in a 1959 Ford Ranchero car...

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