UNITED STATES v. ALVAREZ-GONZALEZ

No. 75-3537.

542 F.2d 226 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique ALVAREZ-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 27, 1976.


Attorney(s) appearing for the Case

Nago L. Alaniz, San Diego, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before GOLDBERG, SIMPSON and GEE, Circuit Judges.


GEE, Circuit Judge:

Appellant Enrique Alvarez-Gonzalez appeals from his conviction in a bench trial for possession of approximately 152 pounds of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1970). The sole question on appeal concerns the validity of the district court's ruling that the search of appellant's trunk by a Border Patrol officer at a Border Patrol checkpoint near La Gloria, Texas, was a search at the "functional equivalent...

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