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RUBIO v. UNITED STATES

No. 22928.

423 F.2d 1222 (1970)

Armando RUBIO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

April 2, 1970.

Attorney(s) appearing for the Case

Howard E. Beckler, Hollywood, Cal., for appellant.

Edwin L. Miller, U.S. Atty., San Diego, Cal., for appellee.

Before CHAMBERS, JERTBERG and KOELSCH, Circuit Judges.

PER CURIAM:

The judgment of conviction is reversed.

The reversal is required by Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, as we apply that case in United States v. Scott, 9 Cir., 425 F.2d 55, decided March 6, 1970.

The search was an immigration search for aliens some 72 miles from the Mexican border. The presumption of 21 U.S.C. § 176a was used, so Scott...

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