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U.S. v. BASEY

No. 86-1308.

816 F.2d 980 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Ben Lee BASEY, Armando Jose Lopez, and Oscar Quirarte Ponce, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 28, 1987.

Attorney(s) appearing for the Case

Scott Young, Warren L. Collins, Jr., Austin, Tex., for Basey.

Robert J. Kuhn, Austin, Tex., court-appointed, for Ponce.

David L. Shapiro, Austin, Tex., court-appointed, for Lopez.

Thomas Booth, Dept. of Justice, Appellant Section, Cr. Div., Washington, D.C., Helen M. Eversberg, U.S. Atty., Michael R. Hardy, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GARWOOD, JOLLY, and HILL, Circuit Judges.

GARWOOD, Circuit Judge:

Three defendants appeal their convictions, following a joint jury trial, on charges that they conspired to possess more than fifty kilograms of marihuana with the intent to distribute it, and individual charges of drug possession. Appellant Ben Lee Basey (Basey) was stopped by law enforcement officers investigating a burglary in an isolated, rural area of Burnet County, Texas. Basey claims that the stop was unlawful, that his arrest was pretextual...

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