UNITED STATES v. VALE

No. 77-5046 Summary Calendar.

558 F.2d 237 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Domingo VALE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 13, 1977.


Attorney(s) appearing for the Case

L. Aron Pena, Edinburg, 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.


Rehearing and Rehearing En Banc Denied October 13, 1977.

PER CURIAM:

Vale was stopped by a border patrol agent at a permanent checkpoint south of Falfurrias, Texas. While questioning the appellant as to citizenship, the agent detected an odor of marijuana and air freshener emanating from the vehicle. A subsequent search of the trunk revealed kilo bricks of marijuana weighing in at 265 pounds. A jury convicted Vale of violating 21 U.S.C.A. § 841(a)(1)...

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