United States v. Owen

Fifth Circuit

United States v. Owen

493 F.2d 463, 1974 U.S. App. LEXIS 8931

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 29, 1974

DocketNo. 73-2554

StatusPublished

Cited by2 cases

This text of 493 F.2d 463 (United States v. Owen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Owen, 493 F.2d 463, 1974 U.S. App. LEXIS 8931 (5th Cir. 1974).

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Opinion

PER CURIAM:

John Farley Owen appeals his conviction for conspiracy to import, importation, and possession with intent to distribute 232 pounds of marijuana. Stopping defendant Owen’s car for a “routine immigration inspection” in search of aliens who were in the country illegally, Border Patrol Agents subsequently discovered the marijuana in plain view in the trunk of his car. In light of the validity of the search under this Court’s prior decisions, see United States v. Thompson, 475 F.2d 1359 (5th Cir. 1973), the sole issue presented by Owen on appeal concerns the constitutionality of the search and seizure of contraband in light of Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973). In Miller v. United States, 492 F.2d 37 (5th Cir. 1974) [April 8, 1974, No. 73-1083], however, this Court has held that the Almeida-Sanchez principle is to be applied prospectively only. Since the search sub judice occurred prior to the date of the Almeida-Sanchez decision, we affirm defendant’s convictions.

Affirmed.

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PER CURIAM:

John Farley Owen appeals his conviction for conspiracy to import, importation, and possession with intent to distribute 232 pounds of marijuana. Stopping defendant Owen’s car for a “routine immigration inspection” in search of aliens who were in the country illegally, Border Patrol Agents subsequently discovered the marijuana in plain view in the trunk of his car. In light of the validity of the search under this Court’s prior decisions, see United States v. Thompson, 475 F.2d 1359 (5th Cir. 1973), the sole issue presented by Owen on appeal concerns the constitutionality of the search and seizure of contraband in light of Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973). In Miller v. United States, 492 F.2d 37 (5th Cir. 1974) [April 8, 1974, No. 73-1083], however, this Court has held that the Almeida-Sanchez principle is to be applied prospectively only. Since the search sub judice occurred prior to the date of the Almeida-Sanchez decision, we affirm defendant’s convictions.

Affirmed.

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493 F.2d 463, 1974 U.S. App. LEXIS 8931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-owen-ca5-1974.

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