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UNITED STATES v. POTTER

No. 76-1590.

552 F.2d 901 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. James Dean POTTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied June 14, 1977.

Attorney(s) appearing for the Case

Michael D. Bebow, argued, Leonard W. Goldstein, Sausalito, Cal., for defendant-appellant.

Lawrence J. Semenza, U. S. Atty., Reno, Nev., Philip M. Pro, argued, Asst. U. S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before WRIGHT and WALLACE, Circuit Judges, and BURNS, District Judge.

Rehearing and Rehearing En Banc Denied June 14, 1977.

BURNS, District Judge:

Appellant (Potter) was convicted of importing marijuana in violation of 21 U.S.C. §§ 952(a) and 960(a)(1). He claims error as to two rulings by the District Court. The first was a refusal to dismiss the indictment because of discrimination in the selection of the grand jury, and the second was a denial of the motion to suppress evidence garnered in a search of Potter's airplane...

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