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UNITED STATES v. MORENO

No. 78-5154 Summary Calendar.

579 F.2d 371 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Elvia Escamilla MORENO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 16, 1978.

Attorney(s) appearing for the Case

Abel Toscano, Jr., Harlingen, Tex., Roy Beene, Houston, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., James R. Gough, 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, COLEMAN and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 16, 1978.

PER CURIAM:

On September 13, 1977, at about 9 o'clock, a. m., appellant and her sister, Estella Moreno, approached the Sarita checkpoint in a pickup truck. Border Patrol Agent Ruiz questioned the occupants about their citizenship and determined they were Americans. Ruiz noticed that they appeared to be nervous and asked them to proceed to the secondary inspection area. Ruiz noticed the rear bumper had...

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