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UNITED STATES v. EMENS

Nos. 78-2722, 78-3153.

649 F.2d 653 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Richard W. EMENS, John L. Ribando, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Dennis William LATTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 11, 1980.

Attorney(s) appearing for the Case

Howard E. Beckler, Hollywood, Cal. (argued), for defendants-appellants; Roger S. Hanson, Santa Ana, Cal., on brief.

Darrell W. MacIntyre, Los Angeles, Cal., for plaintiff-appellee.

Before GOODWIN and TANG, Circuit Judges, and EAST, District Judge.

TANG, Circuit Judge:

The defendants, Richard Emens, John Ribando and Dennis Latter, were each convicted of one count of conspiracy to import and possess, with intent to distribute, marijuana. Emens and Ribando were also each convicted of one count of possession of marijuana with intent to distribute. The district court, following an evidentiary hearing, originally granted the defendants' motions to suppress evidence, and dismissed the indictment. The court then denied...

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