United States v. James Bryan Hufford, United States of America v. Jerry Martyniuk

Good Law
539 F.2d 32·1976 U.S. App. LEXIS 7855
United States Court of Appeals for the Ninth CircuitJuly 26, 197675-2454 and 75-3632California1,174 words

Opinion

Opinion

Battin, J.

The defendants were charged with possession with intent to distribute amphetamines, in violation of 21 U.S.C. § 841 (a)(1). The defendants filed a motion to quash the search warrant and suppress the evidence. Following an evidentiary hearing; the District Court granted Hufford’s motion to suppress and quash and denied Martyniuk’s motion.

After waiving his right to a jury trial, defendant, Martyniuk, was tried on stipulated facts and found guilty on all counts alleged in the indictment.

Martyniuk has appealed his conviction and the Government has appealed the lower court decision on Hufford’s motion to dismiss.

BACKGROUND FACTS.

We adopt substantially the facts from the lower court.

Government agents suspected these defendants of engaging in illicit drug activity. On June 24,1974, Hufford ordered and paid a deposit on two large drums of caffeine, which is used in the manufacture of amphetamines, from a chemical company in Portland, Oregon. On June 28, 1974, Government agents learned of Hufford’s order. With the consent of the company, the agents took one drum to Seattle, installed an electronic tracking device (beeper) in it, and then returned the drum to the company…

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