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U.S. v. RANGEL-PORTILLO

No. 08-40803.

586 F.3d 376 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Cipriano RANGEL-PORTILLO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised October 27, 2009.

Attorney(s) appearing for the Case

Lauretta Ann Drake, James Lee Turner, Asst. U.S. Atty., Houston, TX, Casey Nicole MacDonald (argued), McAllen, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Public Defender, Philip G. Gallagher, Asst. Fed. Public Defender (argued), Houston, TX, for Defendant-Appellant.

Before KING, DAVIS and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Defendant-appellant Cipriano Rangel-Portillo appeals his conditional plea of guilty on the grounds that the district court erred in denying his motion to suppress evidence obtained as the result of an unconstitutional stop by a United States Border Patrol agent. We find the district court erred in denying the defendant-appellant's motion to suppress, and accordingly, we vacate and remand.

I.

This case concerns the constitutionality...

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