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UNITED STATES v. QUIROZ-REYNA

No. 73-2328.

500 F.2d 1223 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis QUIROZ-REYNA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 5, 1974.

Attorney(s) appearing for the Case

Michael J. McCabe, Deputy Federal Defender (argued), San Diego, Cal., for defendant-appellant.

James W. Meyers, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before MERRILL, KOELSCH and CHOY, Circuit Judges.

OPINION

PER CURIAM:

Defendant appeals from a conviction of violating 21 U.S.C. § 841(a)(1) (possession of marijuana with intent to distribute).

Defendant was stopped on February 26, 1973, at a border patrol checkpoint on Interstate 8, two miles west of Ocotillo so that agents could check the citizenship of the driver and check the vehicle for aliens. The parties have stipulated that this was a stationary checkpoint rather than a roving patrol...

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