UNITED STATES v. STEWART

No. 78-1787.

595 F.2d 500 (1979)

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

United States Court of Appeals, Ninth Circuit.

April 19, 1979.


Attorney(s) appearing for the Case

Eb F. Luckel, Jr., Asst. U.S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Judd C. Iversen (argued), San Francisco, Cal., for defendant-appellant.

Before MERRILL and SNEED, Circuit Judges, and LINDBERG, District Judge.


The opinion in this case previously filed on February 14, 1979 is withdrawn and our Amended Opinion filed April 19, 1979 is substituted therefor.

AMENDED OPINION

PER CURIAM:

The appellant, Daniel Stewart, appeals his conviction under 21 U.S.C. § 841(a)(1) (1976) of possession of methamphetamine with the intent to distribute. The methamphetamine was discovered during a warrantless search of an attache case that was taken by police from an automobile...

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