UNITED STATES v. OJEDA-RODRIGUEZ

No. 73-2485.

502 F.2d 560 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Javier OJEDA-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended August 15, 1974.


Attorney(s) appearing for the Case

Charles T. McCutcheon (argued), La Mesa, Cal., for defendant-appellant.

Thomas M. Coffin, Asst. U. S. Attorney (argued), San Diego, Cal., for plaintiff-appellee.

Before BARNES, HUFSTEDLER and CHOY, Circuit Judges.


OPINION

PER CURIAM:

Ojeda-Rodriguez appeals his conviction in a trial to the court of possession of about 805 pounds of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The trial judge denied a motion to suppress the evidence, expressly finding that the stop and search of appellant's car resulted from founded suspicion on the part of the border patrol agents. We affirm.

About 6:00 a. m. on April 11, 1973, two border...

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