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UNITED STATES v. WINER

Cr. No. 68-138.

294 F.Supp. 731 (1969)

UNITED STATES of America v. Ethan G. WINER and Anthony F. Perillo.

United States District Court W. D. Texas, San Antonio Division.

January 21, 1969.

Attorney(s) appearing for the Case

Reese L. Harrison, Jr., Asst. U. S. Atty., San Antonio, Tex., for plaintiff.

Mitchell S. Rosenheim, San Antonio, Tex., for defendant Winer.

Anthony Nicholas, San Antonio, Tex., for defendant Perillo.

SPEARS, Chief Judge.

On July 19, 1968, Officers Appel and Gerusa of the United States Border Patrol were at a checkpoint located on Interstate Highway 35 about 2 miles south of Moore, Texas, routinely checking the nationality of occupants of automobiles arriving from the direction of the Mexican border. At about dusk the automobile, an Opel Kadett, driven by defendant Winer and carrying defendant Perillo, arrived at the...

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