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UNITED STATES v. WILLIAMS

No. 78-5479.

600 F.2d 14 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Calvin WILLIAMS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 21, 1979.

Attorney(s) appearing for the Case

Herbert E. Cooper, Asst. Federal Public Defender, El Paso, Tex., for defendant-appellant.

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

Before MORGAN, FAY and RUBIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 21, 1979.

PER CURIAM:

Following oral argument we remanded 591 F.2d 1342, 5 Cir. to the district court for a determination of whether United States Border Patrol Checkpoint No. 1171 constitutes the functional equivalent of the border and, if it does not, whether exigent circumstances existed to justify the warrantless search of appellant's vehicle. The district court made detailed and extensive findings of fact...

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