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UNITED STATES v. BABICH

Nos. 72-2744, 72-2697 and 72-2698.

477 F.2d 242 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Brad Simon BABICH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James M. JOHNSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John T. SPANN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 8, 1973.

Attorney(s) appearing for the Case

Harry E. Claiborne (argued), Oscar B. Goodman (appeared), Las Vegas, Nev., for defendant-appellant Johnson.

Douglas G. Lohse (argued), Lohse & Lohse, Reno, Nev., for defendant-appellant Spann.

Harry E. Claiborne (argued), Las Vegas, Nev., for defendant-appellant Babich.

Lawrence J. Semenza, Asst. U. S. Atty. (argued), V. DeVoe Heaton, U. S. Atty., Las Vegas, Nev., Charles J. Fanning, Asst. U. S. Atty., Chief of Southwest Unit, San Diego, Cal., for the United States.

Before MERRILL and KOELSCH, Circuit Judges, and SOLOMON, District Judge.

MERRILL, Circuit Judge:

Appellants were convicted of conspiracy to import narcotics. The sole issue on appeal1 is the sufficiency of an affidavit given in support of a search warrant. The validity of the warranted search is thus brought in question.

On August 4, 1971, an agent of the Nevada Department of Fish and Game discovered an airplane burning in a dry lake bed in Lander County Nevada. He radioed

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