UNITED STATES v. PRESAS

No. 76-1884 Summary Calendar.

543 F.2d 552 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Guadalupe PRESAS, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 6, 1976.


Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Karen K. Friedman, Charles S. Szekely, Jr., Asst. Federal Public Defenders, Houston, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U.S. Atty., James R. Gough, George A. Kelt, Jr., Robert A. Berg, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before GODBOLD, HILL and FAY, Circuit Judges.


PER CURIAM:

In the recent case of Sifuentes v. United States, affirmed sub nom., United States v. Martinez-Fuerte, ___ U.S. ___, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976), the Supreme Court held that stops, as in the case at bar, for brief questioning routinely conducted at such permanent checkpoints as Sarita, Texas are consistent with the Fourth Amendment.

In this case as appellant's automobile approached the point where the Border Patrolman was standing...

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