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UNITED STATES v. STANLEY

Nos. 76-1947, 76-2136.

545 F.2d 661 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Frank D. STANLEY and Mario Gonzalez-Garcia, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. The O/S NATIONAL, her engines, tackle, appurtenances, etc., in rem, Defendant, Frank D. Stanley, Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 20, 1976.

Attorney(s) appearing for the Case

Billie A. Rosen, Atty. (argued), Washington, D. C., Dennis Michael Nerney, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellant.

William Pinkus (argued), of Abbott & Pinkus, Mill Valley, Cal., James H. Newhouse (argued), of Cooper, Newhouse, Hertz, & Lyons, Berkeley, Cal., for Frank Stanley and Mario Gonzalez-Garcia.

Before LAY, WRIGHT and KILKENNY, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 20, 1976.

EUGENE A. WRIGHT, Circuit Judge:

The government appeals both the district court's grant of defendants' motion to suppress all evidence seized in a warrantless search of The O/S National and the entry of a judgment of non-forfeiture. Defendants were charged with importation of marijuana,1 possession with intent to distribute, conspiracy to import, and conspiracy to possess...

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