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UNITED STATES v. HUFFORD

Nos. 75-2454 and 75-3632.

539 F.2d 32 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. James Bryan HUFFORD, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Jerry MARTYNIUK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 26, 1976.

Attorney(s) appearing for the Case

Kenneth C. Bauman (argued), Asst. U.S. Atty., Portland, Or., for plaintiff-appellant.

Harry R. Kraus (argued), Portland, Or., for defendant-appellee.

Before DUNIWAY and TRASK, Circuit Judges, and BATTIN, District Judge.

OPINION

BATTIN, District Judge.

The defendants were charged with possession with intent to distribute amphetamines, in violation of 21 U.S.C. § 841(a)(1). The defendants filed a motion to quash the search warrant and suppress the evidence. Following an evidentiary hearing, the District Court granted Hufford's motion to suppress and quash and denied Martyniuk's motion.

After waiving his right to a jury...

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