UNITED STATES v. WOODARD

No. 75-4270. Summary Calendar.

531 F.2d 741 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Edward WOODARD and Ernest Lee Plymel, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 13, 1976.


Attorney(s) appearing for the Case

Harvey S. Swickle, Miami Beach, Fla., for defendants-appellants.

Robert E. Hauberg, U. S. Atty., James B. Tucker, Asst. U. S. Atty., Jackson, Miss., for plaintiff-appellee.

Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Defendants appeal from their conviction of possession of marijuana with intent to distribute. 21 U.S.C.A. § 841(a)(1). We hold that the District Court erred in denying defendants' motion to suppress and therefore reverse.

A roving border patrol agent stopped Woodard and Plymel at approximately 1:30 a. m. on January 13, 1975, as they drove a pickup truck with a camper shell South on U.S. Hwy. 49 near the northern city limits...

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