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UNITED STATES v. GARCIA

No. 81-2115.

676 F.2d 1086 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Domingo GARCIA, Ruben Barrera-Saenz and Adan Montolla Mungia, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 28, 1982.

Attorney(s) appearing for the Case

C. H. (Neal) Duvall, Roma, Tex., for Saenz.

Richard H. Garcia, Edinburg, Tex., for Mungia.

Michael Kennedy, New York City, for Garcia, Mungia and Saenz.

John M. Potter, Asst. U. S. Atty., Houston, Tex., Louis Fischer, Appellate Section, Crim. Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before BROWN, GOLDBERG and GEE, Circuit Judges.

GOLDBERG, Circuit Judge:

Adan Mungia, Victor Garcia and Ruben Barrera-Saenz appeal their convictions for the possession of1 and conspiracy to distribute2 marijuana. Appellants have challenged the admissibility of evidence discovered incident to a series of warrantless arrests made by a Texas game warden. We find that under Texas law, the game warden's warrantless arrests were illegal and that the district court...

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