U.S. v. RASCON

No. 90-2040.

922 F.2d 584 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco RASCON, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 27, 1990.


Attorney(s) appearing for the Case

David N. Williams, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

William D. Fry, Asst. Federal Public Defender, Las Cruces, N.M., for defendant-appellant.

Before HOLLOWAY, Chief Judge, and MOORE, Circuit Judge, and BROWN, District Judge.


WESLEY E. BROWN, District Judge.

The defendant was stopped at a permanent border checkpoint near Orogrande, New Mexico. After being directed to a secondary checkpoint, he consented to a search of the vehicle that he was driving. Border Patrol agents found approximately twenty-five kilograms of marijuana in the car. The defendant was subsequently convicted by a jury on one count of possession with intent to distribute less than fifty kilograms of marijuana (21 U.S...

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