977 F.2d 921 (5th Cir. 1992), 89-3680, United States v. Mixon

Docket Nº:89-3680.
Citation:977 F.2d 921
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. William Kirk MIXON, Defendant-Appellant.
Case Date:November 05, 1992
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 921

977 F.2d 921 (5th Cir. 1992)

UNITED STATES of America, Plaintiff-Appellee,

v.

William Kirk MIXON, Defendant-Appellant.

No. 89-3680.

United States Court of Appeals, Fifth Circuit

November 5, 1992

Rehearing and Rehearing En Banc

Denied Dec. 15, 1992.

John Wilson Reed (Court-appointed), Glass & Reed, New Orleans, La., for defendant-appellant.

Herbert Mondros, Robert J. Boitmann, Walter F. Becker, Jr., Asst. U.S. Attys., Harry Rosenberg, U.S. Atty., New Orleans, La., for plaintiff-appellee.

Appeal from the United States District Court For the Eastern District of Louisiana.

Page 922

Before REYNALDO G. GARZA and GARWOOD, Circuit Judges and WERLEIN, [*] District Judge.

REYNALDO G. GARZA, Circuit Judge:

Appellant Mixon challenges his conviction of conspiracy to import and the actual importation of 500 plus pounds of marijuana into the United States based on alleged jury selection discrimination. He also claims a 4th Amendment search violation because of the placement of a transponder on the plane he was flying. After review we find no merit in these arguments and therefore we affirm.

FACTS

One January 7, 1986, Special Agent Luzak received a tip from a confidential source that two men had requested that their Cessna 210D aircraft be modified. They requested that the rear seats be removed to create added storage space and that extra bladder gas tanks be connected to the wing tips. The extra tanks cost $4800 and increased gas capacity from thirty gallons to eighty gallons of fuel, thereby increasing its range to 1200 miles. Luzak personally observed the modifications being done. The source told Luzak that the two men were called "Fred" and "Kirk" and that they were staying at the Holiday Inn in Vicksburg, Mississippi. Luzak was also informed that they were driving a blue Ford long bed pickup truck. Luzak corroborated this information and determined that the vehicle was registered to an Alex A. Vega, Jr., who had a record of firearm violations. One of the men was identified as Fred Cody Magee who had a very extensive drug record including a conviction in 1985 for conspiracy to sell one ton of marijuana in Dallas. Luzak also identified an accompanying individual as John Joseph Matrone who had been arrested for forgery and convicted for aiding and abetting wire fraud.

Luzak testified that the modified plane fit the profile...

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