UNITED STATES v. FRANCO

No. 79-1833.

638 F.2d 1206 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Hector FRANCO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 28, 1980.

Rehearing Denied February 23, 1981.


Attorney(s) appearing for the Case

James J. Warner, San Diego, Cal., for defendant-appellant.

Bruce R. Castetter, San Diego, Cal., for plaintiff-appellee.

Before BROWNING and ALARCON, Circuit Judges and HAUK, District Judge.


PER CURIAM:

Franco appeals from his conviction for conspiracy to possess heroin with intent to distribute and possessing heroin with intent to distribute. He contends that his arrest was not based on probable cause, and therefore all fruits of the arrest must be suppressed. We disagree.

The following facts were known at the time of Franco's arrest: (1) Belloine, the seller, agreed to sell a quantity of drugs, but only after first checking with his source as...

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