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UNITED STATES v. MORENO

No. 72-2484.

475 F.2d 44 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Abraham Pina MORENO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 10, 1973.

Attorney(s) appearing for the Case

Stanley D. Rosenberg, San Antonio, Tex. (Court-Appointed), for defendant-appellant.

William S. Sessions, U. S. Atty., Reese L. Harrison, Jr., Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEWIN, BELL and GODBOLD, Circuit Judges.

GEWIN, Circuit Judge:

In this appeal we are asked to decide the constitutional propriety of an airport search and seizure, the fruits of which resulted in Abraham Pina Moreno's arrest and non-jury conviction under 21 U.S.C. § 841 (a) (1)1 for the unlawful possession of 86.6 grams of heroin with an intent to distribute. Important questions of public policy are involved in this case. Resolution of the primary issue presented requires...

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