UNITED STATES v. ALDERETE

No. 76-2680 Summary Calendar.

546 F.2d 68 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel ALDERETE, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 26, 1977.


Attorney(s) appearing for the Case

Abel Toscano, Jr., Harlingen, Tex., for defendant-appellant.

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

Before BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.


PER CURIAM:

Daniel Alderete, Jr. appeals from his nonjury conviction of possession of eighty-one pounds of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). He complains that the stop and subsequent search of his truck at the Sarita, Texas checkpoint was in violation of his fourth amendment rights in that the search was not supported by either a warrant or probable cause. His contentions have no merit and the conviction is affirmed.<...

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