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UNITED STATES v. McLEMORE

Nos. 77-1044 and 76-2143.

573 F.2d 1154 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Michael McLEMORE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert Michael SUGG, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 20, 1978.

Rehearing Denided May 2, 1978.

Attorney(s) appearing for the Case

Charles Louis Roberts, El Paso, Tex. (Joseph Abraham, Jr., of El Paso, Tex., and C. Rabon Martin of Baker, Baker & Martin, Tulsa, Okl., on the brief), for defendants-appellants.

Kenneth P. Snoke, Asst. U. S. Atty., Tulsa, Okl. (Nathan G. Graham, U. S. Atty., Tulsa, Okl., with him on the brief), for plaintiff-appellee.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

Rehearing Denided in No. 2143 May 2, 1978.

LOGAN, Circuit Judge.

These appeals are from judgments of conviction entered against appellants in the United States District Court for the Northern District of Oklahoma after a trial to the Court. Each appellant-defendant was convicted of unlawful possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1).

There is one general issue on appeal, whether seizure of marijuana...

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