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UNITED STATES v. DRISCOLL

Nos. 79-1641, 79-1642.

632 F.2d 737 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. David Arnold DRISCOLL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Glenn Arthur WELBORN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 11, 1980.

As Modified November 13, 1980.

Attorney(s) appearing for the Case

Michael J. McCabe, San Diego, Cal., Michael Stepanian, San Francisco, Cal., for defendants-appellants.

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

Before FARRIS and NELSON, Circuit Judges, and JAMESON, District Judge.

OPINION

JAMESON, District Judge:

David Arnold Driscoll and Glenn A. Welborn were convicted in separate court trials of conspiracy to import, importation, conspiracy to possess and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 846, 952, 960 and 963. In this consolidated appeal they contend that the district court (1) erred in denying their motions to suppress evidence obtained through a search of their...

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