UNITED STATES v. McDEVITT

No. 74-1182.

508 F.2d 8 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph B. McDEVITT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 26, 1974.


Attorney(s) appearing for the Case

Don J. Svet, Asst. U.S. Atty., Albuquerque, N. M., for plaintiff-appellee.

Frank Oliver, Chicago, Ill., for defendant-appellant.

Before SETH, BARRETT and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

Defendant was convicted of possession of marijuana with intent to distribute it in violation of 21 U.S.C. § 841(a)(1). The defendant moved to suppress the large quantity, 800 pounds, which in the course of a subsequent search, had been discovered in the bed of the rented truck which he had been driving.

The trial court after hearing arguments denied the motion to suppress and this...

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