Citation Codes Equivalent Citations citation codes Docket Number No. 76-1674. Summary Calendar. Attorney(S) L. Aron Pena, Edinburg, Tex., for defendant-appellant. Edward B. McDonough, Jr., U.S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Robert A. Berg, Corpus Christi, Tex., James R. Gough, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee. Judges William Homer Thornberry Charles Clark Acts Food And Drugs — Drug Abuse Prevention And Control — Control And Enforcement — Offenses And Penalties — Prohibited Acts A See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. LAZARO C. RODRIGUEZ, DEFENDANT-APPELLANT. PER CURIAM: In a trial before the Court without a jury, appellant was convicted of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The sole question on appeal is the legality of the search of appellant's truck by a Border Patrol officer (which revealed 810 lbs of marijuana in a large metal box) at a Border Patrol checkpoint near Sarita, Texas. The District Court found that the checkpoint was the functional equivalent of the border and, further, that the officer had probable cause to search. There is ample evidence in the record to support these findings; and, further, the circumstances were sufficiently exigent to justify a search without a warrant. The conviction is AFFIRMED.