UNITED STATES v. GUTIERREZ

No. 77-5081 Summary Calendar.

560 F.2d 195 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Catarino Capatillo GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 28, 1977.


Attorney(s) appearing for the Case

Homer Salinas, Robert J. Salinas, Mercedes, Tex., Phil M. Harris, Weslaco, Tex., for defendant-appellant.

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

Before BROWN, Chief Judge, and RONEY and HILL, Circuit Judges.


PER CURIAM:

This appeal is taken from a jury conviction for possession of 292 pounds of marijuana with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). The appellant contends that the checkpoint, seven miles south of Falfurrias, Texas, where he was stopped for a citizenship check, has not previously been adjudicated to be a permanent checkpoint. This Court's jurisprudence shows otherwise. United States...

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