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UNITED STATES v. McQUILLAN

Nos. 74-2461, 74-2691.

507 F.2d 30 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Sean H. McQUILLAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Walter W. HAMILTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 12, 1974.

Attorney(s) appearing for the Case

James P. Hagerstrom, of Hagerstrom & Geller, San Diego, Cal. (for appellant McQuillan); Anthony Deutsch, of Deutsch, Parziale & McCabe, San Diego, Cal., (for Hamilton), for defendants-appellants.

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

Before BARNES and TRASK, Circuit Judges, and BALDWIN, Judge, Court of Customs and Patent Appeals.

OPINION

BARNES, Circuit Judge:

Defendants appeal their conviction under 21 U.S.C. § 841(a)(1) for the offense of possessing a controlled substance (176 lbs. of marijuana) with intent to distribute the same, as charged in Count Four of the Indictment.

On December 23, 1973, Customs Patrol Officers Davis and McDermott were on routine patrol duty on the Border Park Beach approximately one half mile north of the international border [R.T. 12]. Around...

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