UNITED STATES v. VILLARREAL

No. 76-3826 Summary Calendar.

554 F.2d 235 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Israel VILLARREAL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 20, 1977.


Attorney(s) appearing for the Case

Daniel V. Alfaro, Albert A. Pena, III, Corpus Christi, Tex., for defendant-appellant.

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

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.


TJOFLAT, Circuit Judge:

The genesis of this appeal is outlined lucidly in United States v. Alvarez, 548 F.2d 542 (5th Cir. 1977):

On the night of September 25, 1975, two customs patrol officers conducting a surveillance of the Rio Grande River near Rio Grande City, Texas, observed two men pulling a boat loaded with sacks across the river. When the boat landed on the Texas side, five more men

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