412 F.2d 1177 (5th Cir. 1969), 26958, United States v. Sanchez

Docket Nº:26958.
Citation:412 F.2d 1177
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Luis Felipe SANCHEZ, Defendant-Appellant.
Case Date:July 02, 1969
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 1177

412 F.2d 1177 (5th Cir. 1969)

UNITED STATES of America, Plaintiff-Appellee,

v.

Luis Felipe SANCHEZ, Defendant-Appellant.

No. 26958.

United States Court of Appeals, Fifth Circuit.

July 2, 1969

Rehearing Denied July 30, 1969.

Alfred M. Carvajal, Carvajal & Lieberman, Miami, Fla., for defendant-appellant.

Theodore Klein, Asst. U.S. Atty., William A. Meadows, Jr., U.S. Atty., Robert L. Steuer, Asst. U.S. Atty., Miami, Fla., for appellee.

Before BROWN, Chief Judge, DYER, Circuit Judge, and HUNTER, District judge.

DYER, Circuit Judge:

Sanchez appeals his judgment of conviction entered upon a jury verdict on one conspiracy and two substantive counts of importing, possessing and purchasing a narcotic drug in violation of 21 U.S.C.A. § 174 and 26 U.S.C. § 4704. He urges reversal on the ground that he was arrested without probable cause, and that evidence obtained by a warrant-less search and seizure was inadmissible. We affirm.

On June 8, 1968, Prado was arrested as he attempted to smuggle in excess of one million dollars' worth of cocaine, concealed in clothing specially fitted for that purpose, through Customs at the Miami, Florida, International Airport. Prado agreed to cooperate with Customs. Although he did not know the name of the

Page 1178

man who equipped him with the special clothing containing the cocaine, Prado described the appearance of his source with great particularity. He was in his late forties and had a dark complexion and dark wavy hair. He always wore sun glasses with gold trim across the top and tortoise-shell trim on the bottom. He also wore a wristwatch with a wide gold band on his right wrist and a part of one of his fingers was missing. Customs later learned that the man's name was Grijalva. Prado told Customs agents that as soon as he successfully entered the United States he was to signal his source by sending a telegram to a person by the name of Julio Munoz in Guayaquil, Ecuador. Prado was to then take a room at the Ponce de Leon Hotel on Flagler Street in Miami. He was to make contact with his source by walking up and down Flagler Street during the morning hours. The cocaine, according to Prado, was to be delivered to a Cuban. Under the direction of Customs agents the telegram was sent. Prado was given a room in the Ponce de Leon and the agents took an adjoining room. Prado walked Flagler Street as instructed by his source all the while being under the surveillance of the agents.

At...

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