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U.S. v. GARCIA

No. 87-1700.

849 F.2d 917 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Javier GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 24, 1988.

Attorney(s) appearing for the Case

Charles Louis Roberts, El Paso, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, KING and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 24, 1988.

KING, Circuit Judge:

Oscar Javier Garcia, having entered a conditional guilty plea to a violation of federal narcotics law, appeals from the district court's denial of his motion to suppress evidence. Finding no merit in his contentions on appeal, we affirm.

I.

On April 23, 1987, at approximately 5:45 in the morning, United States Border Patrol agent Francisco Lopez ("Lopez") observed...

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