UNITED STATES v. MENDOZA

No. 76-3860 Summary Calendar.

547 F.2d 952 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Julian Herrera MENDOZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 11, 1977.


Attorney(s) appearing for the Case

L. Aron Pena, Edinburg, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., Charles Lewis, Asst. U. S. Atty., Brownsville, Tex., for plaintiff-appellee.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 11, 1977.

PER CURIAM:

Appellant Julian Herrera Mendoza was convicted after a bench trial of possession of 3,931 pounds of marijuana with intent to distribute. On appeal he alleges that the warrantless search here was not a border search, was not attended by exigent circumstances, and was not based on probable cause. Judge Garza considered and rejected all these contentions. He found appellant guilty and sentenced...

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