United States v. Richard Glynn Byrd

INGRAHAM, Circuit Judge;

Appellant Richard Glynn Byrd was convicted in a non jury trial of possessing with intent to distribute 300 pounds of marijuana 1 and of carrying a firearm while committing this felony. 2 Byrd seeks reversal of his conviction on the basis that the marijuana was discovered in a constitutionally illegal search and is therefore inadmissible as evidence against him. On the facts of this case, the warrantless search of appellant’s vehicle by roving border patrol agents forty-five miles from the Mexican border cannot be upheld. The judgment is reversed.

The facts are typical…