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UNITED STATES v. OYARZUN

Nos. 84-1258, 84-1523.

760 F.2d 570 (1985)

The UNITED STATES of America, Plaintiff-Appellant, v. Mario Alejandro OYARZUN, Defendant-Appellee. The UNITED STATES of America, Plaintiff-Appellant, v. Charles JACKSON and Anthony Wayne Browning, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 6, 1985.

Attorney(s) appearing for the Case

Edward C. Prado, U.S. Atty., Sidney Powell, Asst. U.S. Atty., Ricardo Gonzales, San Antonio, Tex., for plaintiff-appellant in No. 84-1258.

Albert Diamond, Miami, Fla., for defendant-appellee in No. 84-1258.

Helen M. Eversberg, U.S. Atty., Sidney Powell, Ricardo Gonzalez, San Antonio, Tex., for plaintiff-appellant in No. 84-1523.

Roddy Harrison, Pecos, Tex., for Jackson.

Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., Kevin E. Shannon, Robert Ramos, Asst. Federal Public Defenders, El Paso, Tex., for Browning.

Before JOHNSON and HILL, Circuit Judges, and BOYLE, District Judge.

JOHNSON, Circuit Judge:

This consolidated appeal arises from two separate automobile searches by United States Border Patrol agents at the Sierra Blanca, Texas, permanent checkpoint. Defendant Oyarzun was arrested after a search of his vehicle uncovered a firearm, with its serial number filed off, hidden underneath the back seat of the car. Defendants Jackson and Browning were arrested after border patrol agents found approximately 3,500 Preludin pills in a cosmetic...

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