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UNITED STATES v. VALLEJO

No. 76-2415 Summary Calendar.

541 F.2d 1164 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Ramiro VALLEJO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 5, 1976.

Attorney(s) appearing for the Case

Ronald D. Zipp, Edinburg, Tex., for defendant-appellant.

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

Before GODBOLD, DYER and HILL, Circuit Judges.

PER CURIAM:

Vallejo was convicted at a bench trial of one count of possession of marihuana with intent to distribute, in violation of 21 U.S.C.A. § 841(a)(1). Vallejo contends that the district court erred in denying his motion to suppress the evidence; and in refusing to allow an in-court experiment to test the arresting officer's ability to identify marihuana by smell.

Vallejo's vehicle was searched at the...

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