Does a defendant charged with possession and distribution of contraband have standing to challenge the seizure and seizure?

Nor do appellants charged with substantive counts of possession and distribution of the contraband have standing to challenge the search and seizure under the rule set forth in our recent decision in United States v. Boston, 510 F.2d 35 (CA9 1974). We there held that when possession at the time of the search is not an essential element of the crime charged, there can be no 'automatic standing' under Brown v. United States, 411 U.S. 223, 93 S.Ct. 1565, 36 L.Ed.2d 208 (1973). Further, if what Boston characterized as 'actual' (as distinguished from 'automatic') standing is to be established, each appellant 'must then show that at the time of seizure he had a possessory interest in that which he seeks to suppress.' 510 F.2d at 38. Here, when the contraband was seized linking these appellants to its possession and distribution, actual possession had passed to the unindicted co-conspirators. In each instance appellants could have had no reasonable expectation of privacy in the contraband since they no longer had in it a possessory interest. The district court did not err in concluding that none of the appellants had standing to challenge the seizure of the contraband.