U.S. Court of Appeals for the Ninth Circuit, 1971

United States v. Francisco Ponce

United States v. Francisco Ponce
U.S. Court of Appeals for the Ninth Circuit · Decided October 8, 1971 · Chambers, Wright, Battin
449 F.2d 1299 (Federal Reporter, Second Series)

United States v. Francisco Ponce

Opinion

PER CURIAM:

The judgment of conviction is affirmed in this marijuana smuggling and importation case.

We find the questioned search of the nearby dresser drawer unobjectionable. Searching for a possibly secreted weapon, incriminating telephone call records were found. If the scope of the search was justified, any material evidence found is admissible. On the facts here, the government is not defeated by Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).

We find other issues raised without merit.

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