Armando Rubio v. United States
Armando Rubio v. United States
423 F.2d 1222; 1970 U.S. App. LEXIS 10023
(Federal Reporter, Second Series)
Armando Rubio v. United States
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.