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UNITED STATES v. MARSHALL

No. 78-5664.

609 F.2d 152 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffery Todd MARSHALL and Louis James Sterrenberg, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 2, 1980.

Attorney(s) appearing for the Case

Peter F. K. Baraban, Joseph Minceberg, Miami, Fla., for Marshall.

A. Raymond Randolph, Jr., Washington, D. C., for Sterrenberg.

Jack V. Eskenazi, U. S. Atty., Kevin M. Moore, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, Chief Judge, TJOFLAT and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Appellants Marshall and Sterrenberg were each convicted of one count of possession of marijuana with intent to distribute in violation of 21 U.S.C.A. § 841(a)(1). At this stage of the appeal we need only decide whether the district judge erred in denying defendants' motion to suppress evidence after the magistrate had conducted a suppression hearing and recommended granting defendants' motion, and when the district judge neither...

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