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UNITED STATES v. BALLARD

No. 78-3275.

600 F.2d 1115 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Ricky Dale BALLARD, Janice Elaine Williams and Jose Ines Escalera, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 13, 1979.

Attorney(s) appearing for the Case

LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellant.

Herbert Cooper, Lucian B. Campbell, Federal Public Defender, El Paso, Tex., for Escalera.

Before TJOFLAT and VANCE, Circuit Judges, and ALLGOOD, District Judge.

ALLGOOD, District Judge:

Appellees Ricky Dale Ballard, Janice Elaine Williams and Jose Ines Escalera, were charged in a one-count indictment alleging possession of 70 pounds of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Prior to trial, the District Court granted appellees' motion to suppress the 70 pounds of marijuana seized at the time of their arrest. The Government on appeal contends that the search which produced the marijuana...

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