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UNITED STATES v. DUNCAN

No. 76-3574 Summary Calendar.

547 F.2d 903 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Steve Alan DUNCAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1977.

Attorney(s) appearing for the Case

G. Rudolph Garza, Jr., Corpus Christi, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., James R. Gough, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

PER CURIAM:

Steve Alan Duncan appeals from his conviction by a United States District Judge sitting without jury for possession of 388 pounds of marijuana with intent to distribute, 21 U.S.C. § 841(a)(1). We affirm the conviction.

Duncan was stopped by border patrol agents at a permanent checkpoint seven miles south of Falfurrias, Texas. When Duncan opened his car window several inches to answer an agent's questions...

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