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U.S. v. McBEAN

No. 87-8960.

861 F.2d 1570 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Gavin Anthony McBEAN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 27, 1988.

Attorney(s) appearing for the Case

Hinton R. Pierce, U.S. Atty., Frederick Kramer, Asst. U.S. Atty., Savannah, Ga., for plaintiff-appellant.

Thomas A. Withers, Oliver, Maner and Gray, Savannah, Ga., for defendant-appellee.

Before ANDERSON and COX, Circuit Judges, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

Appellee Gavin McBean was indicted for possessing with intent to distribute sixty pounds of marijuana in violation of 21 U.S.C. § 841(a). McBean filed a pretrial motion to suppress the marijuana which was granted by the district court. 697 F.Supp. 495. The Government appeals this order. We reverse.

These are the undisputed facts.1 In the early morning hours of October 7, 1987...

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