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U.S. v. RAMIREZ-LUJAN

No. 92-8085.

976 F.2d 930 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto RAMIREZ-LUJAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 18, 1992.

Attorney(s) appearing for the Case

Joe Edd Boaz, El Paso, Tex., for defendant-appellant.

Richard L. Durbin, Jr., Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before REYNALDO G. GARZA and GARWOOD, Circuit Judges and WERLEIN, District Judge.

Rehearing and Rehearing En Banc Denied November 18, 1992.

GARWOOD, Circuit Judge:

Defendant-appellant, Ernesto Ramirez-Lujan (Ramirez), appeals his conviction for possession of marihuana with the intent to distribute. His sole challenge is to the admissibility of evidence on the grounds that it was seized after an illegal initial stop by a border patrol agent. Based on the circumstances surrounding the seizure, we find that the evidence was admissible under...

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