UNITED STATES v. LUJAN-MIRANDA

No. 76-1398. Summary Calendar.

535 F.2d 327 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Juan LUJAN-MIRANDA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 16, 1976.


Attorney(s) appearing for the Case

Max E. Ramsey, Odessa, Tex., for defendant-appellant.

John E. Clark, U. S. Atty., Ronald P. Guyer, LeRoy Morgan Jahn, San Antonio, Tex., for plaintiff-appellee.

Before COLEMAN, GEE and TJOFLAT, Circuit Judges.


GEE, Circuit Judge:

Juan Lujan-Miranda was found guilty of possession of marijuana and of conspiracy to possess and distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 846. He brings this appeal complaining that the original stop of his vehicle was illegal and that the evidence is insufficient to sustain his conviction.

About 10:00 a. m. on July 2, 1975, Border Patrol officers stopped appellant's pickup truck five miles south of Marfa,...

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