(Download) "United States v. Alvarez-Gonzalez" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Alvarez-Gonzalez
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 27, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
GEE, Circuit Judge: Appellant Enrique Alvarez-Gonzalez appeals from his conviction in a bench trial for possession of approximately 152 pounds of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1970). The sole question on appeal concerns the validity of the district court's ruling that the search of appellant's trunk by a Border Patrol officer at a Border Patrol checkpoint near La Gloria, Texas, was a search at the ""functional equivalent"" of the border.1 See Almeida-Sanchez v. United States, 413 U.S. 266, 272-73, 93 S. Ct. 2535, 37 L. Ed. 2d 596 (1973). Lacking sufficient factual findings by the district court to evaluate its conclusion and desiring to clarify this somewhat unclear area of the law, we remand the case to the district court for further factual findings relevant to the principles expressed herein.
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