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UNITED STATES v. PEREZ

Nos. 81-1624 to 81-1626.

689 F.2d 1336 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus PEREZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Asuncion MARQUEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Solomon de la GARZA-GARZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1982.

As Amended November 1, 1982.

Attorney(s) appearing for the Case

Hermilio Iniguez, Phoenix, Ariz., for Perez.

Howard E. Beckler, Beckler & Stevens, Hollywood, Cal., for Marquez.

Leon Thikoll, Tucson, Ariz., for de la Garza-Garza.

Gloria G. Ybarra, Asst. U.S. Atty., Phoenix, Ariz., for U.S.A.

Before GOODWIN, NELSON and MARSHALL.

PER CURIAM.

This is the second appeal in this case. In its prior decision, this court held that the warrantless search of a truck in which appellants smuggled heroin from Mexico was not within the exceptions to the warrant requirement for extended border searches or consent, but remanded for a finding by the district court as to whether these particular defendants had a reasonable expectation of privacy in the gas tank where the heroin was found. United States...

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