United States v. Atanacio Esparza Garza

Garza appeals a judgment of conviction for possession of ninety-four pounds of marijuana with intent to distribute, a violation of 21 U.S.C.A. § 841(a)(1). We affirm.

The facts are stipulated by the parties. On April 25, 1975, Garza stopped at a permanent immigration checkpoint, manned by the Border Patrol, located seven miles south of Falfurrias, Texas, about 77 highway miles from the Mexican border. While questioning Garza, the officer noticed an odor of marijuana and requested him to open the trunk. Three suitcases were found which contained marijuana. Garza, in a motion to suppress,…