UNITED STATES v. DOMINGUEZ

No. 78-5564 Summary Calendar.

592 F.2d 915 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Higinio DOMINGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1979.


Attorney(s) appearing for the Case

Homer Salinas, Robert J. Salinas, Mercedes, Tex., Phil Harris, Weslaco, Tex., for defendant-appellant.

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

Before AINSWORTH, GODBOLD and VANCE, Circuit Judges.


PER CURIAM:

Appellant Higinio Dominguez was convicted of possession of 266 pounds of marijuana with intent to distribute. The marijuana was discovered in a truck he was driving which was stopped and searched at the Sarita, Texas permanent checkpoint. The sole issue on appeal is whether Sarita is properly considered a functional equivalent of the border at which searches may be made without probable cause. A number of recent decisions in this circuit hold that the...

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