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UNITED STATES v. MILLER

No. 79-1511.

608 F.2d 289 (1979)

UNITED STATES of America, Appellee, v. Gary Roy MILLER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 17, 1979.

Rehearing and Rehearing Denied November 9, 1979.

Attorney(s) appearing for the Case

Ronald I. Meshbesher and Carol M. Grant, Meshbesher, Singer & Spence, Minneapolis, Minn., on brief, for appellant.

Thorwald H. Anderson, Jr., U.S. Atty., and Ann D. Montgomery, Asst. U.S. Atty., Minneapolis, Minn., on brief, for appellee.

Before LAY, HEANEY and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 9, 1979.

PER CURIAM.

Gary Roy Miller appeals from his conviction of unlawful possession with intent to distribute eight ounces of cocaine in violation of 21 U.S.C. § 841(a)(1). He contends on appeal that his warrantless arrest was not based on probable cause and that the cocaine seized pursuant thereto was unlawfully obtained. We disagree.

Miller waived a jury trial and agreed to submit the case...

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