United States v. Arturo Garcia

In a bench trial, appellant Arturo Garcia was found guilty of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1976). He was sentenced to 3 years in prison to be followed by 6 years special parole. He appeals to this Court, alleging that the trial court erred in failing to rule that he was illegally arrested 1 and in failing to suppress the marijuana seized.

THE FACTS

At approximately 11:30 A.M. on June 1, 1979, appellant arrived at a checkpoint on Highway 67 in Texas at the Presidio location which was being operated by border patrol agents Victor Cortez…