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UNITED STATES v. SMITH

No. 77-5067.

598 F.2d 936 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar SMITH and Rene Rodriguez Villarreal, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 11, 1979.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Karen K. Friedman, Brown, Asst. Federal Public Defender, Houston, Tex., for Villarreal.

Jack P. Kelso, Corpus Christi, Tex. (Court-appointed), for Smith.

Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and HILL, Circuit Judges.

GODBOLD, Circuit Judge:

Defendants appeal from convictions of possession of 30 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1). The issue is the validity of the arrests of the defendants and the searches of two automobiles, each occupied by one of the defendants. We hold that the arrests and searches were invalid and reverse the convictions.

November 10, 1975, Agent Lofstrum of the Drug Enforcement Administration (DEA), presumably stationed...

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