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UNITED STATES v. LUJAN-ROMERO

No. 72-1829.

469 F.2d 683 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Rogelio Ruben LUJAN-ROMERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 13, 1972.

Attorney(s) appearing for the Case

Kevin J. McInerney (argued), of McInerney, Milchen & Frank, San Diego, Cal., for defendant-appellant.

Lyn I. Goldberg, Asst. U. S. Atty. (argued), Stephen G. Nelson, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and TALBOT SMITH, District Judge.

PER CURIAM :

Lujan-Romero was convicted of having possessed a quantity of marijuana with the intention of distributing it, a violation of 21 U.S.C. §§ 952, 960 and 963.

At a border check point, located approximately fifty-six miles north of the Mexican-American border, the appellant's automobile was stopped by agents authorized to search vehicles for concealed aliens. The trunk of the vehicle was opened and was seen to contain two foot lockers. The...

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