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UNITED STATES v. PENNINGTON

Nos. 79-1991, 79-1992.

635 F.2d 1387 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Luther T. PENNINGTON and Senator Harding Colbert, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 3, 1980.

Attorney(s) appearing for the Case

James E. Edmondson, Asst. U. S. Atty., Muskogee, Okl., (Julian K. Fite, U. S. Atty., Muskogee, Okl., with him, on brief), for plaintiff-appellee.

Mac Oyler of Oyler, Smith & Bane, Oklahoma City, Okl., (Thomas S. Landrith, Ada, Okl., Co-counsel for appellant Pennington, Ada, Okl., with him, on brief), for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

Pennington and Colbert were convicted of conspiring to possess with an intent to distribute a controlled substance, marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Prior to trial, defense counsel moved to suppress the use at trial of marijuana and other items, taken in a search of a quonset-hut owned by the defendants. After an evidentiary hearing, the motion to suppress was denied. On appeal, the only issue raised is...

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