U.S. v. CORDOVA-LARIOS

No. 89-8013.

907 F.2d 40 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel D. CORDOVA-LARIOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 8, 1990.


Attorney(s) appearing for the Case

William R. Maynard, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, El Paso, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Philip Police, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before REAVLEY, DUHÉ and WIENER, Circuit Judges.


DUHÉ, Circuit Judge:

This is an appeal from a conviction for possession of marihuana with intent to distribute. We reverse and remand.

On June 10, 1989, border patrol agents in El Paso observed a pick-up truck stopping on a road alongside the Rio Grande. A person stepped out of the bushes and placed several bundles into the bed of the truck. The agents followed the truck and attempted to stop it, but the driver evaded them. After a short chase the truck...

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