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U.S. v. PAYAN

No. 88-2247.

905 F.2d 1376 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Robert PAYAN, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 7, 1990.

Attorney(s) appearing for the Case

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

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

Before LOGAN and BRORBY, Circuit Judges, and ALLEY, District Judge.

LOGAN, Circuit Judge.

Robert Payan, Jr. was convicted in the district court on one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D). The contraband upon which the conviction was based was discovered in his car following a routine citizenship check by the United States Border Patrol at a temporary checkpoint located on U.S. Highway 70 near Lordsburg, New Mexico. Payan entered a conditional plea...

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