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UNITED STATES v. MILLER

Nos. 78-2274, 78-1737, 78-1978 and 78-1979.

608 F.2d 1089 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Clifford Jerome MILLER and Kathelyn Vandraiss Miller, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Clifford Jerome MILLER, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 14, 1980.

Attorney(s) appearing for the Case

W. Ray Jahn, Jeremiah Handy, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellant in No. 78-2274.

LeRoy M. Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellant.

Robert Ramos, Asst. Federal Public Defender, Raymond C. Caballero, El Paso, Tex., for defendant-appellee.

Before COLEMAN, Chief Judge, GODBOLD and INGRAHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 14, 1980.

COLEMAN, Chief Judge:

This is a government appeal, 18 U.S.C. § 3731,1 from the suppression of (1) tangible evidence found in the Miller automobile and (2) Miller's confessions after he had been arrested and arraigned for having a false driver's license and an expired automobile inspection sticker. The District Court first...

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