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U.S. v. JOHNSON

No. 89-2002.

895 F.2d 693 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Paul JOHNSON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 1, 1990.

Attorney(s) appearing for the Case

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

Charles Louis Roberts (Robert Ramos and Gary Hills with him on the brief), El Paso, Tex., for defendant-appellant.

Before ANDERSON and BARRETT, Circuit Judges, and THEIS, District Judge.

BARRETT, Senior Circuit Judge.

Brian Paul Johnson (Johnson) appeals from an order of the district court denying his motion to suppress marijuana seized at a Border Patrol checkpoint from an automobile he was driving.

Johnson was indicted and charged with possession with the intent to distribute a quantity of marijuana in violation of 21 U.S.C. § 841(a)(1). Thereafter, Johnson filed a motion to suppress arguing that the Border Patrol agents lacked probable...

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