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U.S. v. BARTE

No. 88-2500.

868 F.2d 773 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. David J. BARTE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 1989.

Attorney(s) appearing for the Case

Paula C. Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellant.

Michael Sokolow, Asst. Federal Public Defender, Roland E. Dahlin, III, Federal Public Defender, Houston, Tex., for defendant-appellee.

Before GEE, HIGGINBOTHAM and DUHE, Circuit Judges.

DUHE, Circuit Judge:

The Government appeals the trial court's denial of its pre-trial motion to reconsider the suppression of certain items of physical evidence. Concluding that the challenged evidence was admissible, we reverse.

FACTS

United States Postal Inspectors mailed an envelope, containing a $20 bill and a transmitter, to a nonexistent address on letter carrier David J. Barte's route. Barte was seated in his postal jeep when the transmitter...

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