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UNITED STATES v. CERVANTES

Crim. No. 25755.

174 F.Supp. 398 (1959)

UNITED STATES of America, Plaintiff, v. Luis L. CERVANTES, Defendant.

United States District Court S. D. California, S. D.

June 16, 1959.

Attorney(s) appearing for the Case

Laughlin E. Waters, U. S. Atty., by Peter J. Hughes, Asst. U. S. Atty., San Diego, Cal., for plaintiff.

Oscar F. Irwin, San Diego, Cal., for defendant.

WEINBERGER, District Judge.

In February of 1956 defendant was tried and convicted of the offense of smuggling heroin and marihuana. After the trial had begun, the defense made a motion to suppress the use as evidence of narcotics and a hypodermic syringe on the ground that the same was procured by illegal search and seizure.

A hearing was had on oral testimony outside the presence of the jury, at which Customs...

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