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UNITED STATES v. PATACCHIA

No. 79-1011.

602 F.2d 218 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Fred Angelo PATACCHIA, Juliette V. Coloma, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 13, 1979.

Attorney(s) appearing for the Case

Bruce R. Castetter, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Bruce R. Castetter, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellant.

Barton C. Sheela, Jr., San Diego, Cal., for defendants-appellees.

Before SNEED and TANG, Circuit Judges, and PFAELZER, District Judge.

SNEED, Circuit Judge:

The government appeals an order by the district court granting defendants' motion to suppress evidence. Defendants were charged with conspiracy to possess marijuana with intent to distribute and with possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. This court has jurisdiction pursuant to 28 U.S.C. §§ 1291 and 1294.

We affirm the order of the district court.

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