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UNITED STATES v. PETTY

No. 78-3276.

601 F.2d 883 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Jimmy Delton PETTY and Joe Martin Nunez-Quintela, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 21, 1979.

Attorney(s) appearing for the Case

LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellant.

Lawrence L. Barber, Jr., Monahans, Tex., for Petty.

Warren Heagy, Odessa, Tex., for Nunez-Quintela.

Before WISDOM, AINSWORTH and RONEY, Circuit Judges.

AINSWORTH, Circuit Judge:

This appeal involves review of the district court's order granting appellees' motion to suppress evidence derived from a search of the car in which they were riding. Appellees Jimmy Petty and Joe Nunez-Quintela were indicted for possession of a quantity of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), after United States Border Patrol officers discovered approximately 190 pounds of marijuana in their car...

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