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UNITED STATES v. TORRES-URENA

No. 74-2949.

513 F.2d 540 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Abel TORRES-URENA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 20, 1975.

Attorney(s) appearing for the Case

Frank T. Vecchione (argued), San Diego, Cal., for defendant-appellant.

William A. Shaw, Asst. U. S. Atty. (argued), for plaintiff-appellee.

Before BROWNING and WRIGHT, Circuit Judges, and ZIRPOLI, District Judge.

OPINION

PER CURIAM:

Appellant was convicted of possession of marijuana with intent to distribute in violation of 21 U.S.C. section 841(a)(1). His sole argument on appeal is that there was no basis for a founded suspicion to justify the stop that led to his arrest. We reverse.

At approximately 6:20 on the morning of May 1, 1974, United States Customs Patrol Officer Leonard Dixon, with his partner, was patrolling Monument Road, an east-west artery...

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