United States v. Ruben Ubin Garza

Fifth Circuit

United States v. Ruben Ubin Garza

554 F.2d 257, 1977 U.S. App. LEXIS 12858

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 20, 1977

Docket77-5025

StatusPublished

Cited by8 cases

This text of 554 F.2d 257 (United States v. Ruben Ubin Garza) 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. Ruben Ubin Garza, 554 F.2d 257, 1977 U.S. App. LEXIS 12858 (5th Cir. 1977).

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Opinion

PER CURIAM:

The United States District Court, sitting without a jury, convicted Ruben Ubin Garza for possession of 142 pounds of marijuana with intent to distribute, 21 U.S.C. § 841(a)(1), and he appeals. We affirm the judgment below.

Appellant was stopped by a border patrol agent at the permanent checkpoint seven miles south of Falfurrias, Texas. As the agent was questioning appellant and his family to determine their citizenship, the agent detected a strong odor of marijuana emanating from their vehicle. A subsequent search of the vehicle revealed the marijuana hidden in its luggage compartment, whereupon appellant and his wife were arrested. After being fully advised of his rights, appellant stated to another officer that he was to have been paid for transporting the marijuana to Dallas; and that his wife was innocent.

Appellant contends that the district court erred in denying his motion to suppress the *258 evidence. On facts indistinguishable from those in this case, we have recently upheld several other searches and seizures. E. g., United States v. Duncan, 5 Cir. 1977, 547 F.2d 903 [decided February 25, 1977]; United States v. McCrary, 5 Cir. 1976, 543 F.2d 554; United States v. Diaz, 5 Cir. 1976, 541 F.2d 1165.

Appellant also has appealed the district court’s denial of his motion to dismiss the indictment, based on 14 months’ preindictment delay. On virtually the same facts and allegations, we recently ruled adversely on the appeal of another defendant who also was named Garza. United States v. Garza, 5 Cir. 1977, 547 F.2d 1234 is almost a dead ringer on both points.

AFFIRMED.

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PER CURIAM:

The United States District Court, sitting without a jury, convicted Ruben Ubin Garza for possession of 142 pounds of marijuana with intent to distribute, 21 U.S.C. § 841(a)(1), and he appeals. We affirm the judgment below.

Appellant was stopped by a border patrol agent at the permanent checkpoint seven miles south of Falfurrias, Texas. As the agent was questioning appellant and his family to determine their citizenship, the agent detected a strong odor of marijuana emanating from their vehicle. A subsequent search of the vehicle revealed the marijuana hidden in its luggage compartment, whereupon appellant and his wife were arrested. After being fully advised of his rights, appellant stated to another officer that he was to have been paid for transporting the marijuana to Dallas; and that his wife was innocent.

Appellant contends that the district court erred in denying his motion to suppress the *258 evidence. On facts indistinguishable from those in this case, we have recently upheld several other searches and seizures. E. g., United States v. Duncan, 5 Cir. 1977, 547 F.2d 903 [decided February 25, 1977]; United States v. McCrary, 5 Cir. 1976, 543 F.2d 554; United States v. Diaz, 5 Cir. 1976, 541 F.2d 1165.

Appellant also has appealed the district court’s denial of his motion to dismiss the indictment, based on 14 months’ preindictment delay. On virtually the same facts and allegations, we recently ruled adversely on the appeal of another defendant who also was named Garza. United States v. Garza, 5 Cir. 1977, 547 F.2d 1234 is almost a dead ringer on both points.

AFFIRMED.

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554 F.2d 257, 1977 U.S. App. LEXIS 12858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ruben-ubin-garza-ca5-1977.

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