U.S. v. PIERRE

No. 90-8273.

958 F.2d 1304 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Terry James PIERRE and Otis Harris, III, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 13, 1992.


Attorney(s) appearing for the Case

Kenneth D. DeHart, Alpine, Tex. (court-appointed), for Pierre.

Charles Louis Roberts, El Paso, Tex., for Harris.

LeRoy M. Jahn, W.W. Torrey, Richard L. Durbin, W. Ray Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for U.S.

Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Otis Harris and Terry Pierre appeal their convictions for possession of cocaine with intent to distribute and for conspiracy to commit the same offense. A panel of this court concluded that the district court erred in denying Harris' motion to suppress evidence found in a consent search of luggage at a fixed checkpoint in Sierra Blanca, Texas. Based on this determination, the panel reversed Harris' convictions. After en banc briefing...

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