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UNITED STATES v. LARA

No. 80-5355 Summary Calendar.

638 F.2d 892 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Rogelio LARA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

March 5, 1981.

Attorney(s) appearing for the Case

Miguel Del Aguila, Lawrence Besser, Miami, Fla., for defendant-appellant.

Atlee W. Wampler, III, U. S. Atty., Sonia Escobio O'Donnell, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before HILL, FAY and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

Appellant Rogelio Lara appeals his conviction after a nonjury trial of possession of cocaine with intent to distribute. 21 U.S.C.A. § 841(a)(1). Lara moved to suppress the introduction at trial of cocaine seized from a vinyl tote bag he was carrying when he arrived at Miami International Airport. After a hearing, the magistrate recommended that the motion to suppress be denied because Lara had abandoned the vinyl tote bag...

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