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UNITED STATES v. BARBIN

No. 84-2244 Summary Calendar.

743 F.2d 256 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Wayne BARBIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 24, 1984.

Attorney(s) appearing for the Case

Lawrence A. Walsh, Brownsville, Tex., for defendant-appellant.

Daniel K. Hedges, U.S. Atty., James R. Gough, John P. Smith, Jack Wolfe, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before WILLIAMS, JOLLY, and HILL, Circuit Judges.

ROBERT M. HILL, Circuit Judge:

Donald Wayne Barbin, defendant, in a two count indictment was charged with importing and possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 952(a). Barbin filed a motion to suppress evidence from an alleged warrantless search and seizure of a motor vehicle and the sailboat it was towing which contained about 435 pounds of marijuana. After an evidentiary hearing, the district court denied...

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