opinion: UNITED STATES of America, Appellee, v. Ann Yvonne MORGAN, Appellant.
  No. 73-1669.
  United States Court of Appeals, Ninth Circuit.
  June 14, 1974.
  Michael Hannon, Ashman & Hannon, Los Angeles, Cal., for appellant.
  Harry D. Steward, U. S. Atty., Thomas M. Coffin, Asst. U. S. Atty., San Diego, Cal., for appellee.
  Before CHAMBERS, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges.
  OPINION
  PER CURIAM:
  Ann Yvonne Morgan appeals her conviction for conspiring to possess and possessing with intent to distribute 389 pounds of marijuana. The evidence of these violations was discovered on September 26, 1972, during a search of her automobile at the Immigration and Naturalization Service’s San Onofre checkpoint near San Clemente, California.
  In United States v. Bowen, 500 F.2d 960 (9th Cir., 1974) (en banc)-, this court held that under the rule announced by the Supreme Court in Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), searches by border patrol agents at fixed checkpoints which were not the functional equivalents of border searches violated the Fourth Amendment. We hold here that a search at the San Onofre checkpoint, located approximately 65 miles north of the Mexican border on Interstate 5 between San Diego and Los Angeles, is not the functional equivalent of a border search, as that term is used in Almeida-Sanchez and Bowen.
  However, we also held in Bowen that the Almeida-Sanchez ruling would not be applied to fixed-checkpoint searches conducted prior to June 21, 1973, the date of decision of Almeida-Sanchez. Since the search of Morgan’s automobile was conducted before that date, the evidence was not subject to the motion to suppress.
  The judgment of conviction is affirmed.