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UNITED STATES v. LEYBA

No. 79-1607.

627 F.2d 1059 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Lucero LEYBA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 15, 1980.

Attorney(s) appearing for the Case

Thomas S. Udall, Asst. U. S. Atty., Albuquerque, N. M. (R. E. Thompson, U. S. Atty., Albuquerque, N. M., with him on the brief), for plaintiff-appellee.

Tova Indritz, Asst. Federal Public Defender, Albuquerque, N. M., for defendant-appellant.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Joe Lucero Leyba (Leyba) was convicted, after trial to the Court, of knowingly transporting undocumented aliens in violation of 8 U.S.C.A. § 1324(a)(2). Leyba appeals, alleging District Court error in its failure to suppress evidence obtained as a result of the stop of his automobile by agents of the United States Border Patrol. No challenge as to the sufficiency of the evidence underlying the...

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