United States v. Ruben Garza Lara

AINSWORTH, Circuit Judge:

Ruben Garza Lara appeals from a judgment of conviction of possessing 1,052 pounds of marihuana, with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We affirm, but for reasons other than those stated by the district court.

On October 7, 1974, Border Patrol Agents Alvin Carter and Douglas Thornton were patrolling the Rio Grande River area one-quarter of a mile south of LaGrulla, Texas, approximately one and three-quarters of a mile from the river forming the international border between Mexico and the United States. At approximately 10:15 p. m. the agents…