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UNITED STATES v. CANALES

No. 77-5058 Summary Calendar.

558 F.2d 1201 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Garza CANALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 9, 1977.

Attorney(s) appearing for the Case

Nago L. Alaniz, San Diego, Tex., for defendant-appellant.

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

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.

PER CURIAM:

This appeal concerns an automobile search at the Falfurrias, Texas, checkpoint, conducted after a stop for a citizenship check. This is a fixed checkpoint at which immigration stops are permitted. U. S. v. Kalie, 538 F.2d 1201 (CA5, 1976). The search, based on the odor of marijuana, was supported by probable cause.

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