UNITED STATES v. WARREN

No. 71-2174 Summary Calendar.

451 F.2d 582 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lee WARREN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 15, 1971.


Attorney(s) appearing for the Case

Robert O'Conor, Jr., Laredo, Tex., Court-appointed, for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Anthony C. Aguilar, Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


PER CURIAM.

There are two assignments of error on this appeal. The first is that the district court erred in denying a motion to suppress the marihuana which was the basis for the indictment and convictions of smuggling and transporting marihuana. Title 21, § 176a. The search qualified as a border search based on proximity to border, knowledge of searching officer of recent crossing of the border, an imminent shipment by transients who fled the scene and the...

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