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UNITED STATES v. HILL

No. 79-5264.

626 F.2d 429 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Howard HILL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 24, 1980.

Attorney(s) appearing for the Case

Jeffrey S. Weiner (argued), Alan S. Ross, Jeffrey S. Weiner, Weiner, Robbins, Tunkey & Ross, P. A., Miami, Fla. (on the brief), for defendant-appellant.

William S. Sutton, Asst. U. S. Atty., Janis M. Caplan, Sp. Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before TUTTLE, GOLDBERG and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

Appellant Howard Hill was convicted in a non-jury trial for possession of phencyclidine (PCP) with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Prior to trial, Hill moved to suppress the PCP on the basis that it had been seized from him in violation of his fourth amendment rights by DEA Agent Paul Markonni at the Atlanta Hartsfield International Airport on January 9, 1979. After...

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