UNITED STATES v. ARRASMITH

No. 76-4295 Summary Calendar.

557 F.2d 1093 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Martin Dennis ARRASMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 14, 1977.


Attorney(s) appearing for the Case

Robert M. Blackmon, Corpus Christi, Tex., Court-appointed, for defendant-appellant.

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

Before GOLDBERG, CLARK and FAY, Circuit Judges.


PER CURIAM:

Martin Dennis Arrasmith appeals his conviction in a bench trial of possessing with intent to distribute 134 pounds of marijuana, 21 U.S.C. § 841(a)(1). On April 26, 1976, a border patrol agent stopped Arrasmith at the permanent immigration checkpoint near Falfurrias, Texas. The agent smelled marijuana, searched Arrasmith's car, and seized the evidence. The district court denied Arrasmith's motion to suppress.

On appeal Arrasmith does not claim...

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