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UNITED STATES v. TULEY

No. 75-3693.

546 F.2d 1264 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. David Terance TULEY and Frank Christian Oller, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 25, 1977.

Attorney(s) appearing for the Case

Ferriel C. Hamby, Jr. (Court-appointed) Harlingen, Tex., for Tuley.

Roland E. Dahlin, II, Federal Public Defender, Mike DeGeurin, Juan E. Gavito, Asst. Fed. Public Defenders, William W. Burge, First Federal Public Defender, Houston, Tex., for Oller.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before GEWIN, GODBOLD and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 25, 1977.

SIMPSON, Circuit Judge:

David Terance Tuley and Frank Christian Oller appeal from convictions for violations of the federal laws relating to marijuana.1 The basis of their appeal is that the district judge improperly denied their motions to suppress evidence.

On January 13, 1975, Special Agents Gabriel Bustamante and Carlos Torres of the Cameron County Organized Crime...

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