UNITED STATES v. CANTU

No. 76-3704 Summary Calendar.

555 F.2d 1327 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ramon Alberto CANTU, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 1977.


Attorney(s) appearing for the Case

Roberto J. Yzaquirre, McAllen, Tex., for defendant-appellant.

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

Before THORNBERRY, RONEY and HILL, Circuit Judges.


PER CURIAM:

Appellant, Ramon Alberto Cantu, was convicted at a bench trial of one count of possession of marihuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). His sole contention on appeal is that the district court erred in refusing to allow an in-court experiment to test the arresting Border Patrolman's ability to identify marihuana by smell.

Appellant's vehicle was stopped for a citizenship check at the permanent checkpoint seven...

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