UNITED STATES v. GARZA

No. 77-5025 Summary Calendar.

554 F.2d 257 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben Ubin GARZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 20, 1977.


Attorney(s) appearing for the Case

L. Aron Pena, Edinburg, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., Anna E. Stool, George A. Kelt, Jr., Michael J. Brown, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

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


PER CURIAM:

The United States District Court, sitting without a jury, convicted Ruben Ubin Garza for possession of 142 pounds of marijuana with intent to distribute, 21 U.S.C. § 841(a)(1), and he appeals. We affirm the judgment below.

Appellant was stopped by a border patrol agent at the permanent checkpoint seven miles south of Falfurrias, Texas. As the agent was questioning appellant and his family to determine their citizenship, the agent detected...

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