United States v. John Stewart McCrary

McCrary appeals from his conviction of possession of approximately forty pounds of marijuana with intent to distribute in violation of 21 U.S.C.A. § 841(a)(1). We affirm.

On February 13, 1975, McCrary stopped his car at the permanent immigration checkpoint located seven miles south of Falfurrias, Texas. While conducting a routine citizenship inquiry, an officer of the Border Patrol detected the odor of marijuana emanating from the trunk of McCrary’s car. The officer directed the car to the secondary inspection area and requested that McCrary open the trunk. When this was done the odor of…