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UNITED STATES v. COPLEN

Nos. 75-3633, 75-3739, 75-3663.

541 F.2d 211 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy Joe COPLEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Henry Valentin VALENZUELA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John Balmer McKITTRICK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Modified on Denial of Rehearing September 17, 1976.

Attorney(s) appearing for the Case

Clark L. Derrick (argued), of Flynn, Kimerer, Thinnes & Derrick, Phoenix, Ariz., for appellant Coplen.

Michael Tryon, Asst. Federal Public Defender (argued), Phoenix, Ariz., for appellant McKittrick.

Joseph H. Soble (argued), of Soble & Cole, Tucson, Ariz., for appellant Valenzuela.

Ron Jennings, Asst. U. S. Atty. (argued), Phoenix, Ariz., for plaintiff-appellee.

Before BARNES and KENNEDY, Circuit Judges, and EAST, District Judge.

OPINION

BARNES, Senior Circuit Judge:

On November 5, 1974, United States Customs Agent Kontrabecki conducted a routine investigation to discover smuggling activity at Freeway Airport, Tucson, Arizona. During this investigation, he discovered marijuana debris in an aircraft registered to Tommy Joe Coplen. Thereafter, Coplen and his aircraft were kept under surveillance by federal authorities.

On February 20, 1975, defendant Valenzuela (under observation...

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