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UNITED STATES v. GANDARA-NUNEZ

No. 77-5143.

564 F.2d 693 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ramon GANDARA-NUNEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 1977.

Attorney(s) appearing for the Case

Robert R. Harris, El Paso, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., San Antonio, Tex., Frank B. Walker, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before WISDOM, GEWIN, and AINSWORTH, Circuit Judges.

PER CURIAM:

This is another case involving the validity of a border patrol stop and search. After a non-jury trial, Ramon Gandara-Nunez was found guilty of possession of marijuana with intent to distribute. 21 U.S.C. § 841(a)(1). We affirm.

At about 6:45 a. m. on November 13, 1976, Gandara-Nunez was driving west on Texas Highway 20, entering the town of Fabens. Fabens is a farming community, predominately Mexican-American, located about thirty miles southeast...

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