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UNITED STATES v. GARCIA

No. 74-3190.

516 F.2d 318 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Paul GARCIA, Jr., T/N, Jose Martinez-Lopez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 10, 1975.

Attorney(s) appearing for the Case

Glenn S. Warren, Deputy Federal Public Defender, San Diego, Cal., for defendant-appellant.

Jeffrey F. Arbetman, Asst. U. S. Atty., for plaintiff-appellee.

Before TRASK and WALLACE, Circuit Judges, and PECKHAM, District Judge.

OPINION

WALLACE, Circuit Judge:

Martinez-Lopez appeals from a conviction for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). He questions only the denial of his motion to suppress. We affirm.

Martinez-Lopez was driving north on Interstate Highway 5 when he approached the fixed checkpoint operated by the United States Border Patrol at San Clemente. The officer...

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