United States v. Steven Robert Speed and Henry Ray Rainer

Fifth Circuit

United States v. Steven Robert Speed and Henry Ray Rainer

520 F.2d 322, 1975 U.S. App. LEXIS 12878

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 4, 1975

Docket73-2035

StatusPublished

This text of 520 F.2d 322 (United States v. Steven Robert Speed and Henry Ray Rainer) 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. Steven Robert Speed and Henry Ray Rainer, 520 F.2d 322, 1975 U.S. App. LEXIS 12878 (5th Cir. 1975).

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Opinion

ORDER

In this pre-Almeida-Sanchez case, defendants Speed and Rainer were convicted in a jury trial in the United States District Court for the Southern District of Texas of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). This court, in an opinion reported at 497 F.2d 546 (5th Cir. 1974), affirming on rehearing 489 F.2d 478 (5th Cir. 1973), reversed the convictions on the grounds that the district court had erred in not suppressing evidence obtained by a search at the Falfurrias, Texas, checkpoint. The Supreme Court vacated and remanded for further consideration in light of Bowen v. United States, 422 U.S. 916, 95 S.Ct. 2569, 45 L.Ed.2d 641 (1975) and United States v. Peltier, 422 U.S. 531, 95 S.Ct. 2313, 45 L.Ed.2d 374 (1975). In view of these two opinions, the district court’s decision was correct.

Having found the defendants’ other contentions of error to be without merit, we conclude that the judgment of the district court should be

Affirmed.

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ORDER

In this pre-Almeida-Sanchez case, defendants Speed and Rainer were convicted in a jury trial in the United States District Court for the Southern District of Texas of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). This court, in an opinion reported at 497 F.2d 546 (5th Cir. 1974), affirming on rehearing 489 F.2d 478 (5th Cir. 1973), reversed the convictions on the grounds that the district court had erred in not suppressing evidence obtained by a search at the Falfurrias, Texas, checkpoint. The Supreme Court vacated and remanded for further consideration in light of Bowen v. United States, 422 U.S. 916, 95 S.Ct. 2569, 45 L.Ed.2d 641 (1975) and United States v. Peltier, 422 U.S. 531, 95 S.Ct. 2313, 45 L.Ed.2d 374 (1975). In view of these two opinions, the district court’s decision was correct.

Having found the defendants’ other contentions of error to be without merit, we conclude that the judgment of the district court should be

Affirmed.

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520 F.2d 322, 1975 U.S. App. LEXIS 12878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-steven-robert-speed-and-henry-ray-rainer-ca5-1975.

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