United States v. Ellsworth E. Lonabaugh, III

LEWIS R. MORGAN, Circuit Judge:

Appellant Lonabaugh was convicted in an non-jury trial in the District Court for the Southern District of Texas, Brownsville Division, of conspiracy to possess marihuana with intent to distribute and possession of marihuana with intent to distribute. 1 The only question presented for review is whether the district court erred in overruling Lonabaugh’s motion to suppress 35 pounds of marihuana seized by Customs agents at the time of his arrest, and marihuana sweepings subsequently taken from his automobile. 2 We agree with appellant that the district court erred…