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UNITED STATES v. MARTINEZ

No. 74-1227.

507 F.2d 58 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Michael MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 16, 1974.

Attorney(s) appearing for the Case

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

Jack L. Love, Federal Public Defender, Albuquerque, N. M., for defendant-appellant.

Before LEWIS, Chief Judge, and PICKETT and McWILLIAMS, Circuit Judges.

PICKETT, Circuit Judge.

Thomas Michael Martinez was charged in a single count indictment with possession of a quantity of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Pretrial motions attacking the validity of the statute and the indictment were filed. There was also a motion to suppress a quantity of marijuana seized in an alleged unlawful search. These motions were all denied. The case was then submitted to the court without a...

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