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U.S. v. CAGLE

No. 87-1864.

849 F.2d 924 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Allen Thomas CAGLE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 1, 1988.

Attorney(s) appearing for the Case

Clifford R. Cronk, III, and LeRoy Morgan Jahn, Asst. U.S. Attys., El Paso, Tex., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellant.

Alejandro B. Gonzalez, Asst. Federal Public Defender, El Paso, Tex., for defendant-appellee.

Before BROWN, KING and HIGGINBOTHAM, Circuit Judges.

KING, Circuit Judge:

The government appeals from the district court's grant of Allen Thomas Cagle's motion to suppress evidence seized from him at the El Paso International Airport. As we agree with the district court that the evidence was the result of an unlawful seizure, we affirm.

I.

On June 14, 1987, United States Border Patrol agent John Moore ("Moore") was assigned to duty at the El Paso International Airport.1

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