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U.S. v. BENGIVENGA

No. 86-2394.

845 F.2d 593 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Mary Dangerfield BENGIVENGA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 25, 1988.

Attorney(s) appearing for the Case

Frank M. Garza, Canales & Associates, Corpus Christi, Tex., for defendant-appellant.

Susan L. Yarbrough, James R. Gough, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., Mervyn Hamburg, Crim. Div., Appellate Section, U.S. Dept. of Justice, Washington D.C., for plaintiff-appellee.

Before CLARK, Chief Judge, GOLDBERG, GEE, RUBIN, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, and SMITH, Circuit Judges.

CLARK, Chief Judge:

A jury found Mary Dangerfield Bengivenga guilty of possessing marijuana with intent to distribute. A panel of this court reversed the conviction because the district court had denied Bengivenga's motion to suppress evidence obtained before border patrol agents administered Miranda warnings.1 Our order granting rehearing en banc vacated the panel's holding. We now affirm the conviction because Bengivenga was not...

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