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UNITED STATES v. PENA-CANTU

No. 80-1283.

639 F.2d 1228 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Maria PENA-CANTU, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A.

March 16, 1981.

Attorney(s) appearing for the Case

H. Lon Harper, Court-appointed, Houston, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., George A. Kelt, Michol O'Connor, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BROWN, THORNBERRY and WILLIAMS, Circuit Judges.

THORNBERRY, Circuit Judge:

On December 5, 1979, agents of the Immigration and Naturalization Services (I.N.S.) spotted two cars proceeding northeast together on U.S. Highway 59 some twenty miles southwest of Houston, Texas. Because all of the numerous occupants of both vehicles were adult males of Hispanic appearance travelling during working hours without the accouterments of tourists, the agents suspected that they were illegal

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