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UNITED STATES v. TORRES

No. 76-2229 Summary Calendar.

537 F.2d 1299 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Adan Serna TORRES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 15, 1976.

Attorney(s) appearing for the Case

Roberto J. Yzaguirre, McAllen, 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 AINSWORTH, CLARK and RONEY, Circuit Judges.

AINSWORTH, Circuit Judge:

Adan Serna Torres, appellant, was stopped for a citizenship check at the Border Patrol's permanent Falfurrias, Texas checkpoint on December 5, 1974.1 During the citizenship inquiry the officer detected the odor of marijuana emanating from appellant's automobile. A subsequent search revealed 198 pounds of marijuana in the trunk.

Appellant's motion to suppress the marijuana was unsuccessful, and he was found...

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