UNITED STATES v. LARA

No. 75-1850 Summary Calendar.

517 F.2d 209 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben Garza LARA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 1975.


Attorney(s) appearing for the Case

L. Aron Pena, Edinburg, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, Jr., Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before COLEMAN, AINSWORTH and SIMPSON, Circuit Judges.


AINSWORTH, Circuit Judge:

Ruben Garza Lara appeals from a judgment of conviction of possessing 1,052 pounds of marihuana, with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We affirm, but for reasons other than those stated by the district court.

On October 7, 1974, Border Patrol Agents Alvin Carter and Douglas Thornton were patrolling the Rio Grande River area one-quarter of a mile south of La-Grulla, Texas, approximately one and three...

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