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UNITED STATES v. POWELL

No. 77-3846.

587 F.2d 443 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel James POWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 6, 1978.

Attorney(s) appearing for the Case

Barry Tarlow (argued), Los Angeles, Cal., for defendant-appellant.

Stephen G. Nelson, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Stephen G. Nelson, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and KRAFT, District Judge.

HUFSTEDLER, Circuit Judge:

Powell appeals from his conviction for conspiracy to possess marihuana with intent to distribute it in violation of 21 U.S.C. §§ 841, 846. He contends that the district court prejudicially erred (1) in denying a brief continuance to enable him to obtain the appearance of a material witness, (2) in denying an evidentiary hearing in connection with his challenge to the validity of a search...

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