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UNITED STATES v. SLEDGE

Nos. 79-1577; 79-1633.

650 F.2d 1075 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Willie SLEDGE and Doni Williams, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1981.

Attorney(s) appearing for the Case

Alan Zarky, Los Angeles, Cal., argued for defendants-appellants; Roger J. Rosen, Los Angeles, Cal., Phillip A. DeMassa, San Diego, Cal., on brief for Sledge.

Daniel J. Gonzalez, Asst. U. S. Atty., Los Angeles, Cal., for the U. S.

Before KENNEDY, FLETCHER and POOLE, Circuit Judges.

KENNEDY, Circuit Judge:

The question before us is the legitimacy of a police search of appellants' apartment, an apartment which appeared to have been abandoned when in fact the appellants may have intended to return. Appellants were convicted under 21 U.S.C. § 841(d)(1) (1976 & Supp. III 1979) of knowingly and intentionally possessing 55 gallons of piperidine with intention to manufacture phencyclidine (PCP). The principal contention on appeal is that incriminating...

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