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U.S. v. ZABALAGA

No. 86-3055.

834 F.2d 1062 (1987)

UNITED STATES of America v. Bernardo L. ZABALAGA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1987.

Attorney(s) appearing for the Case

G. Allen Dale, Washington, D.C. (appointed by this Court), for appellant.

Kathryn Myerscough, Asst. U.S. Atty., of the Bar of the Supreme Court of Missouri, pro hac vice, by special leave of court, with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Zinora M. Mitchell, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before WALD, Chief Judge, MIKVA and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Bernardo L. Zabalaga was convicted by a jury of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) (1982). Zabalaga raises three issues on appeal. First, he argues that, because the cocaine was seized pursuant to an illegal impoundment of a car and a further illegal search of the car and a safe found therein, the evidence should have...

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