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U.S. v. JOHNS

No. 86-1220.

891 F.2d 243 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Lyle Gerald JOHNS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Reargued and Submitted May 11, 1988.

Reargued and Submitted February 16, 1989.

Decided December 7, 1989.

Attorney(s) appearing for the Case

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

Eugene R. Bracamonte, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before MERRILL and NORRIS, Circuit Judges, and ENRIGHT, District Judge.

WILLIAM A. NORRIS, Circuit Judge:

In appealing his marijuana-related convictions, Johns challenges the district court's failure to suppress marijuana which he claims was the fruit of an illegal stop. We find his contention meritorious and reverse his conviction.

I

In the early morning of August 4, 1981, a Tucson Customs agent requested the Pima County Sheriff's Office to investigate the landing of a small...

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