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UNITED STATES v. SPEROW

Nos. 76-1167, 76-1168.

551 F.2d 808 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Frank SPEROW and Tommy Fine, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided March 23, 1977.

Certiorari Denied May 23, 1977.

Attorney(s) appearing for the Case

Don J. Svet, Asst. U.S. Atty., Albuquerque, N. M. (Victor R. Ortega, U.S. Atty., Albuquerque, N.M., on the brief), for plaintiff-appellee.

Terrence A. Roden, of Ronald J. Le Mieux & Associates, Los Angeles, Cal., for defendant-appellant Gregory Frank Sperow.

Vince D. Angelo (Robert T. Knott, of Knott & Associates, Albuquerque, N.M., on the brief), for defendant-appellant Tommy Fine.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Defendants-appellants seek reversal of convictions for possession and importation of marijuana. This is an arrest and search which took place very near to the Republic of Mexico-New Mexico border, on August 20, 1975, at about 2:00 a. m. The validity of the border patrol's stopping and searching the vehicle is challenged.

The agents testified to having received, by radio sensor, data identifying the appellants' truck as it was...

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