UNITED STATES v. GORDON

No. 82-1160.

700 F.2d 215 (1983)

UNITED STATES of America, Plaintiff-Appellee v. Wayne Marvin GORDON and John Joseph McMahon, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 2, 1983.


Attorney(s) appearing for the Case

Roddy L. Harrison, Pecos, Tex., Daniel J. Markey, Jr., New Orleans, La., for Gordon.

Jack Louis McGowen (court-appointed), Pecos, Tex., for McMahon.

Edward C. Prado, U.S. Atty., Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GARZA, TATE and WILLIAMS, Circuit Judges.


GARZA, Circuit Judge:

The appeal of defendants, Wayne Marvin Gordon and John Joseph McMahon, Jr., was heard on oral argument. They both challenge their conviction for conspiracy to possess marihuana and possession of marihuana with intent to distribute alleging error in the denial of their motion to suppress on the grounds that their stop by border patrol agents and the subsequent search that occurred was without probable cause and, therefore, illegal. The defendant...

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