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UNITED STATES v. KEMP

No. 81-5223.

690 F.2d 397 (1982)

UNITED STATES of America, Appellant, v. Robert Allen KEMP, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1982.

Attorney(s) appearing for the Case

Saverio M. Rocco, Baltimore, Md., for appellee (E. Thomas Maxwell, Jr., Baltimore, Md., on brief).

Steven A. Allen, Asst. U. S. Atty., Baltimore, Md., for appellant (J. Frederick Motz, U. S. Atty., Baltimore, Md., on brief).

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and YOUNG, District Judge.

JOSEPH H. YOUNG, District Judge.

The government appeals from suppression of evidence in a criminal trial. Defendant was charged in two indictments on April 15, 1981, for possession with intent to distribute and distribution of marihuana in violation of 21 U.S.C. § 841(a). After a superseding indictment was returned consolidating the two indictments on July 1, 1981, Kemp moved to suppress the evidence seized from his 1973 Cadillac on September 20, 1979 —...

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