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UNITED STATES v. GUMERLOCK

Nos. 76-2732, 76-2700.

590 F.2d 794 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Howard GUMERLOCK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Marc Paul FANNON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 2, 1979.

Attorney(s) appearing for the Case

Frank J. Ragen (argued), Baxley, Ragen & Ray, San Diego, Cal., on brief; Donald A. Nunn (argued), San Diego, Cal., for defendant-appellant.

Joseph Davies, Jr., Atty., Washington, D.C. (on the brief), Terry J. Knoepp, U.S. Atty., San Diego, Cal., Joseph Davies, Jr. (argued), Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before BROWNING, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED, KENNEDY, ANDERSON, HUG and TANG, Circuit Judges.

BROWNING, Circuit Judge:

Heroin was discovered in packages delivered to United Airlines by appellants for shipment. Appellants were charged with possession and conspiracy to possess in violation of 21 U.S.C. §§ 841(a)(1) and 846; their motions to suppress were denied and they were convicted.

On appeal, a panel of this court held the search of appellants' packages to have been governmental, rather than private, and therefore subject to Fourth Amendment...

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