UNITED STATES v. PHILLIPS

No. 73-1230.

496 F.2d 1395 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Robert PHILLIPS and William Arnold Tolbert, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 15, 1974.


Attorney(s) appearing for the Case

Philip A. Gillis, Detroit, Mich., for defendants-appellants.

Anthony J. P. Farris, U. S. Atty., Robert Darden, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before WISDOM, GODBOLD and INGRAHAM, Circuit Judges.


GODBOLD, Circuit Judge:

The appellants were convicted in a nonjury trial for possession of 230 pounds of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The contraband was discovered on May 5, 1972, in the locked trunk of an automobile rented and driven by Phillips and in which Tolbert was a passenger, and as a result of an immigration search conducted by border patrol officers at a highway checkpoint.

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