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UNITED STATES v. BASILE

Nos. 77-1700, 77-1701.

569 F.2d 1053 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Alan BASILE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Neal Spencer HOLDEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied February 17, 1978.

Attorney(s) appearing for the Case

Clarence Meyers (argued), Tucson, Ariz., Robert J. Hooker (argued), Tucson, Ariz., for defendant-appellant.

Dale A. Danneman, Asst. U. S. Atty. (argued), Tucson, Ariz., for plaintiff-appellee.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and WONG, District Judge.

Rehearing and Rehearing En Banc Denied February 17, 1978.

WONG, District Judge:

Basile and Holden appeal from their convictions for possessing marijuana with intent to distribute it in violation of 21 U.S.C. § 841(a)(1). We affirm.

Ferguson and Cottle, customs patrol officers, were patrolling a rural area near the Mexican border at 3:30 a. m. on October 17, 1976. The officers observed footprints of eight or nine people on a road approximately...

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