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UNITED STATES v. GARZA

No. 76-3354. Summary Calendar.

547 F.2d 1234 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Arnoldo Cantu GARZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 2, 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., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., for plaintiff-appellee.

Before GODBOLD, HILL and FAY, Circuit Judges.

PER CURIAM:

On February 15, 1976, appellant, driving a station wagon, was stopped by the U.S. Border Patrol at the checkpoint seven miles south of Falfurrias, Texas, on Highway 281. During an inquiry into the citizenship of the occupants of the vehicle, the border patrolman detected the odor of marijuana emanating from the station wagon. He then looked through the window into the rear portion of the vehicle and observed...

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