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U.S. v. SANCHEZ

Nos. 86-1305, 86-1351.

829 F.2d 757 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Albert Portugal SANCHEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Dean NOLAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1987.

Attorney(s) appearing for the Case

Pamela Jole Franks, Phoenix, Ariz., for defendant-appellant Sanchez.

Walter B. Nash, III, Tucson, Ariz., for defendant-appellant Nolan.

Stanley L. Patchell, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before SCHROEDER and POOLE, Circuit Judges, and STEPHENS, District Judge.

POOLE, Circuit Judge:

Appellants Albert Sanchez and Jimmy Nolen challenge their convictions for possession with intent to distribute marijuana and conspiracy to distribute marijuana on the basis that evidence obtained through the use of a forward looking infrared device (FLIR) was improperly admitted at their trial. We affirm.

FACTS

On November 1, 1984, at 6:00 p.m., U.S. Customs pilot James McCawley took off from Davis-Monthan Air Force Base near...

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