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UNITED STATES v. REYNA

No. 76-1898.

572 F.2d 515 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Leonel REYNA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 6, 1978.

Attorney(s) appearing for the Case

Ramon Garcia, Edinburg, Tex., for defendant-appellant.

J. A. Canales, 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 GOLDBERG and MORGAN, Circuit Judges, and WYZANSKI, District Judge.

Rehearing and Rehearing En Banc Denied June 6, 1978.

LEWIS R. MORGAN, Circuit Judge:

In United States v. Reyna, 563 F.2d 1169 (1977), we retained jurisdiction of the appeal pending determination by the district court of the status of the Sarita checkpoint as a functional equivalent of the border. Because the conviction of appellant was based wholly on evidence obtained during a search at the checkpoint, that determination...

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