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UNITED STATES v. TAHERI

No. 79-1711.

648 F.2d 598 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Ali Asghar TAHERI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Kenneth McMullan, San Diego, Cal., for defendant-appellant.

Hector E. Salitrero, Asst. U. S. Atty., argued, M. James Lorenz, U. S. Atty., Hector E. Salitrero, Asst. U. S. Atty., on the brief, San Diego, for plaintiff-appellee.

Before TRASK, SNEED and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge:

This is an appeal from a conviction on three counts of charges related to drug possession.1 The case was tried to the Court on stipulated facts. Two issues are presented for review. The first is the admissibility of evidence of heroin seized pursuant to a warrant, but originally discovered in an initial search which had been conducted without a warrant and without probable cause. The second issue is whether, assuming...

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