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U.S. v. SAMAGUEY

No. 98-50446.

180 F.3d 195 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto SAMAGUEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 28, 1999.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., United States Attorney, San Antonio, TX, for Plaintiff-Appellee.

Frank D. Brown, Harris & Brown, Alpine, TX, for Defendant-Appellant.

Before POLITZ, HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Alberto Samaguey appeals his conviction for possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). While driving northbound on Texas Highway 118 about 80 miles from the Texas-Mexico border, Samaguey was stopped by border patrol agents for an immigration check. The district court denied Samaguey's motion to suppress the evidence found during the stop and concluded, after a bench trial, that...

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