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UNITED STATES v. TILTON

Nos. 75-1916, 75-2244.

534 F.2d 1363 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Joe TILTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Bobbie Joe TILTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 2, 1976.

Attorney(s) appearing for the Case

James M. McCabe, San Diego, Cal., for defendant-appellant in No. 75-1916.

Clarence Bender of Marsh, Graves & Bender, El Cajon, Cal., for defendant-appellant in No. 75-2244.

James W. Meyers, Asst. U. S. Atty. (argued), San Diego, Cal., Terry J. Knoepp, U. S. Atty., Stephen W. Peterson, Asst. U.S. Atty., San Diego, Cal., on the brief, for plaintiff-appellee.

Before WALLACE and SNEED, Circuit Judges, and CRARY, District Judge

OPINION

WALLACE, Circuit Judge:

The Tiltons appeal their convictions of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846. The question before us concerns the legality of a search of a boat as it was removed from an ocean-connected bay. We remand.

On June 1, 1974, at the Shelter Island boat launching area in San Diego Bay, three persons were...

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