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UNITED STATES v. JOHNSON

No. 77-5634.

588 F.2d 147 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Michael JOHNSON, and Stephen Arthur Baldwin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 17, 1979.

Attorney(s) appearing for the Case

Juan E. Gavito, Asst. Federal Public Defender, Brownsville, Tex., Roland Dahlin, II, Federal Public Defender, Charles S. Szekely, Jr., Asst. Federal Public Defender, Houston, Tex., for Johnson.

Tony Martinez, Brownsville, Tex., for Baldwin.

J. A. Canales, U. S. Atty., George A. Kelt, Jr., John Patrick Smith, James R. Gough, Anna E. Stool, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before TJOFLAT and HILL, Circuit Judges, and HIGGINBOTHAM, District Judge.

TJOFLAT, Circuit Judge:

Stephen Arthur Baldwin and Dennis Michael Johnson were found guilty after a bench trial on both counts of an indictment charging possession and conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 846 (1976). The appellants' motion to suppress the marijuana was granted in part and denied in part. On this appeal, they contend it should have been granted in toto. We agree and reverse their...

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