U.S. Court of Appeals for the Ninth Circuit, 1970

Armando Rubio v. United States

Armando Rubio v. United States
U.S. Court of Appeals for the Ninth Circuit · Decided April 2, 1970 · Chambers, Jertberg, Koelsch, Per Curiam
423 F.2d 1222; 1970 U.S. App. LEXIS 10023 (Federal Reporter, Second Series)

Armando Rubio v. United States

Opinion

PER CURIAM:

The judgment of conviction is reversed.

The reversal is required by Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, as we apply that case in United States v. Scott, 9 Cir., 425 F.2d 55, decided March 6, 1970.

The search was an immigration search for aliens some 72 miles from the Mexican border. The presumption of 21 U.S.C. § 176a was used, so Scott is fatal to the government.

We are of the opinion the search was valid.

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