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UNITED STATES v. VANDEMARK

No. 74-2312.

522 F.2d 1019 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Duane VANDEMARK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 10, 1975.

Attorney(s) appearing for the Case

Howard B. Frank (argued), San Diego, Cal., for defendant-appellant.

Richard E. Strauss, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before KOELSCH and WALLACE, Circuit Judges, and JAMESON, District Judge.

OPINION

WALLACE, Circuit Judge:

Vandemark was convicted of possession of 28 pounds of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The imposition of sentence was suspended and he was placed on probation for two years. Twenty-two days later, Border Patrol agents, unaware of Vandemark's status as a probationer, stopped the car he was driving, searched the trunk and found 284 pounds...

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