UNITED STATES v. CANTU

No. 73-2963.

504 F.2d 387 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Juan CANTU, Michael Neil Emigh, and David Edward Michaud, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 18, 1974.


Attorney(s) appearing for the Case

Morris L. Pepper, Houston, Tex., for defendants-appellants.

Anthony J. P. Farris, U. S. Atty., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before WISDOM and GOLDBERG, Circuit Judges, and LYNNE, District Judge.


WISDOM, Circuit Judge:

The defendants-appellants, Juan Cantu, Michael Neil Emigh, and David Edward Michaud, appeal from their convictions of possessing with intent to distribute marijuana, in violation of 21 U. S.C. § 841(a) (1). All three contend that the search during which the marijuana was seized violated their rights under the Fourth Amendment. We conclude, however, that the search was valid under the pre-Almeida-Sanchez "border search" doctrine....

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