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UNITED STATES v. MARTELL

Nos. 80-1163, 80-1154.

654 F.2d 1356 (1981)

UNITED STATES of America, Plaintiff and Appellee, v. Lindsay MARTELL, Defendant and Appellant. UNITED STATES of America, Plaintiff and Appellee, v. Joseph MINNECI, Defendant and Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1981.

As Amended November 6, 1981.

Attorney(s) appearing for the Case

Michael J. McCabe, Savitz & McCabe, San Diego, Cal., for defendants-appellants.

Raymond Edwards, Jr., Asst. U. S. Atty., argued, M. James Lorenz, U.S. Atty., Bruce R. Castetter, Asst. U. S. Atty., on brief, San Diego, Cal., for plaintiff-appellee.

Before FARRIS and NELSON, Circuit Judges, and CURTIS, District Judge.

CURTIS, District Judge:

Appellants Martell and Minneci were convicted of "conspiracy to possess cocaine with intent to distribute" and "possession of cocaine with intent to distribute" in violation of Title 21 U.S.C. §§ 841(a)(1) and 846. They appeal from an order of the trial court refusing to suppress as evidence narcotics seized at the time of their arrest. Finding that the motion was properly denied, we affirm.

I. FACTUAL BACKGROUND

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