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UNITED STATES v. GOOCH

No. 78-1489.

603 F.2d 122 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. William Daniel GOOCH, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 10, 1979.

Rehearing Denied August 22, 1979.

Attorney(s) appearing for the Case

Richard Oseran, Bob Barber, Jr., Tucson, Ariz., for defendant-appellant.

R. E. Thompson, U. S. Atty., and David N. Williams, Asst. U. S. Atty., Albuquerque, N. M., for plaintiff-appellee.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Defendant seeks reversal of his conviction for possession of marijuana, contending that his arrest and the search which uncovered the marijuana were illegal.

Trial was to the court.1 The following recitation of facts is based largely on the findings made by the court.2 At about 8:35 p. m. on December 3, 1977, a United States Customs air officer operating a computerized radar scope...

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