UNITED STATES v. HERNANDEZ CAMACHO

No. 85-2329.

779 F.2d 227 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Hector HERNANDEZ CAMACHO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 1985.


Attorney(s) appearing for the Case

James Folsom, Corpus Christi, Tex., (Court Appointed), for defendant-appellant.

Henry K. Oncken, U.S. Atty., Susan L. Yarbrough, James R. Gough, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before REAVLEY, WILLIAMS and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

When passing sentence, the judge expressly considered, over the defendant's objection, testimony that the defendant had given at a hearing on his motion to suppress evidence assertedly seized in violation of his fourth amendment rights. We reject the argument that the sentencing judge violated the defendant's constitutional rights by considering the testimony that the defendant offered at the suppression hearing. We decline...

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