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U.S. v. MORGAN

No. 87-1433 Summary Calendar.

835 F.2d 79 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Gray MORGAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 17, 1987.

Attorney(s) appearing for the Case

Robert Ramos, El Paso, Tex., for defendant-appellant.

Le Roy Morgan Jahn, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., Joel M. Gershowitz, Appellate Section, Crim. Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before GEE, GARWOOD and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

On January 29, 1987, Morgan drove up to the Sierra Blanca checkpoint alone. Border Patrol agents told Morgan to open the car's trunk where they discovered over 200 pounds of marijuana.

The district court denied Morgan's motion to suppress the marijuana. Morgan and the prosecution stipulated that the district court could consider testimony given at the suppression hearing in deciding Morgan's guilt or innocence. At trial, Morgan...

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