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UNITED STATES v. SOTO-SOTO

No. 77-1489.

598 F.2d 545 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Vidal SOTO-SOTO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 12, 1979.

Attorney(s) appearing for the Case

Howard B. Matloff, Asst. U. S. Atty. (on the brief), Terry J. Knoepp, U. S. Atty., Howard B. Matloff, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellant.

Howard Frank, San Diego, Cal., for defendant-appellee.

Before BROWNING and CHOY, Circuit Judges, and FERGUSON, District Judge.

FERGUSON, District Judge.

The government appeals from an order of the district court granting defendant's motion to suppress from evidence marijuana found in defendant's pickup truck by an agent of the Federal Bureau of Investigation at Calexico, California, a port of entry at the United States-Mexico border. We hold that the district court did not err in suppressing the evidence.

FACTS

1. On October 28, 1976, Thomas J. Summers, Jr., an agent of...

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