UNITED STATES v. McCRARY

No. 76-2316 Summary Calendar.

543 F.2d 554 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. John Stewart McCRARY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 6, 1976.


Attorney(s) appearing for the Case

Albert A. Pena, III (Court-appointed), Corpus Christi, Tex., for defendant-appellant.

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

Before AINSWORTH, CLARK and RONEY, Circuit Judges.


PER CURIAM:

McCrary appeals from his conviction of possession of approximately forty pounds of marijuana with intent to distribute in violation of 21 U.S.C.A. § 841(a)(1). We affirm.

On February 13, 1975, McCrary stopped his car at the permanent immigration checkpoint located seven miles south of Falfurrias, Texas. While conducting a routine citizenship inquiry, an officer of the Border Patrol detected the odor of marijuana emanating from the trunk of...

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