UNITED STATES v. OLIVERA

No. 77-5149. Summary Calendar.

582 F.2d 24 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Isaac Hernandez OLIVERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 18, 1978.


Attorney(s) appearing for the Case

J. Robert McKissick, Corpus Christi, Tex. (Court-appointed), for defendant-appellant.

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

Before THORNBERRY, RONEY and HILL, Circuit Judges.


PER CURIAM:

Defendant appeals his conviction for possession of marijuana with intent to distribute, 21 U.S.C.A. § 841(a)(1), contending that the search was unreasonable, the evidence should have been suppressed, and a hearing should have been held on the status of the checkpoint at which it was seized. Having concluded that the district court did not err in its determination that the Sarita checkpoint was the functional equivalent of the border at the time of...

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