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UNITED STATES v. HOWLE

No. 76-1485 Summary Calendar.

537 F.2d 1302 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. John Grady HOWLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 15, 1976.

Attorney(s) appearing for the Case

Daniel V. Alfaro, 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 AINSWORTH, CLARK and RONEY, Circuit Judges.

PER CURIAM:

In this appeal from his conviction for possession of 119 pounds of marihuana, John Grady Howle contends only that the Border Patrol had no probable cause to stop his pickup truck at a permanent checkpoint near Falfurrias, Texas, some fifty-five miles from the Mexican border.1 The Supreme Court has recently held, however, that any automobile may be stopped at such checkpoints even in the absence of reasonable suspicion. United...

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