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UNITED STATES v. BERGERA

Nos. 72-2913 and 72-3049.

512 F.2d 391 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Nick Victor BERGERA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David Lynn MITCHELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied June 25, 1975.

Attorney(s) appearing for the Case

Frank R. Ubhaus, Asst. Federal Public Defender (argued), San Francisco, Cal., for defendants-appellants.

James Hazard, Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS and ELY, Circuit Judges, and MURRAY, District Judge.

Rehearing and Rehearing En Banc Denied June 25, 1975.

OPINION

WILLIAM D. MURRAY, District Judge:

On November 10, 1971, a Volkswagen bus, imported from Rotterdam, Holland, was unladen at Pier 9, San Francisco, California. The bus was given a routine Customs examination with the aid of a dog trained to detect marijuana. The dog indicated that marijuana was concealed behind the right and left rear quarter panels. The substance was analyzed and found...

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