From Casetext: Smarter Legal Research

United States v. Rojas

United States Court of Appeals, Fifth Circuit
Sep 10, 1976
538 F.2d 670 (5th Cir. 1976)

Opinion

No. 76-2451. Summary Calendar.

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.

September 10, 1976.

Bennie E. Ray, Brownsville, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U.S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Asst. U.S. Atty., Houston, Tex., Robert A. Berg, Asst. U.S. Atty., Corpus Christi, Tex., James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Texas.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.



The search of appellant's vehicle took place at the Sarita checkpoint which was the subject of Sifuentes v. United States, affirmed sub nom., United States v. Martinez-Fuerta, ___ U.S. ___, 96 S.Ct. 3074, 49 L.Ed.2d ___ (1976). The officer had probable cause to search the car after he detected the car interior smelled of alcohol and marijuana. The judgment of the district court finding appellant guilty of possession of marijuana with intent to distribute is affirmed.


Summaries of

United States v. Rojas

United States Court of Appeals, Fifth Circuit
Sep 10, 1976
538 F.2d 670 (5th Cir. 1976)
Case details for

United States v. Rojas

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. RUBEN ROJAS…

Court:United States Court of Appeals, Fifth Circuit

Date published: Sep 10, 1976

Citations

538 F.2d 670 (5th Cir. 1976)

Citing Cases

U.S. v. Moreno-Vargas

We have long sustained such stops at this checkpoint, including those where drugs were discovered (within the…

U.S. v. Johnson

"At the point marijuana was smelled by [the officer], probable cause to believe a crime had been committed,…