UNITED STATES v. KALIE

No. 76-1318 Summary Calendar.

538 F.2d 1201 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Valentine KALIE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 20, 1976.


Attorney(s) appearing for the Case

Daniel V. Alfaro, Albert Huerta, Corpus Christi, Tex., for defendant-appellant.

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

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


PER CURIAM:

Kalie, represented by retained counsel, was convicted of one count of possession of marijuana with intent to distribute, 21 U.S.C.A. § 841(a)(1). On appeal Kalie contends that the District Court erred in denying his motion to suppress evidence that he claims was illegally seized as there was no probable cause for the stop and search of his car by the Border Patrol. On the basis of the recent Supreme Court case Sifuentes v. United States, 1976...

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