UNITED STATES v. RUMPF

Nos. 76-1891 to 76-1894.

576 F.2d 818 (1978)

UNITED STATES of America, Appellee, v. John RUMPF, Joanne Hanson, Gloria Masters, and Gary James Griffin, Appellants.

United States Court of Appeals, Tenth Circuit.

Decided May 4, 1978.

Rehearing Denied June 8, 1978.


Attorney(s) appearing for the Case

Jerry D. Patchen, Houston, Tex., Gerald M. Birnberg, Bellaire, Tex., Clarence D. Moyers, El Paso, Tex. (Samuel A. Francis, Albuquerque, N. M., with them on the brief), for appellants.

Robert Bruce Collins, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., with him on the brief), for appellee.

Before SETH, Chief Judge, and BARRETT and McKAY, Circuit Judges.


SETH, Chief Judge.

The four defendants were convicted of conspiracy to possess marijuana with intent to distribute, contrary to 21 U.S.C. § 846, and have taken this joint appeal. The first trial ended with a mistrial, and the conviction concluded the second trial.

The appellants assert that there was no probable cause for their arrest, nor for the search of the farmhouse and barn where they were arrested and where the marijuana was found. The arrests...

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