No. 88-1985.

906 F.2d 129 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Rocky Dale McKEEVER, Brenda Gayle McKeever and Stephen C. Newman, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 3, 1990.

Attorney(s) appearing for the Case

Dane A. Barham, Dallas, Tex., for Rocky Dale McKeever.

Denver G. McCarty, Dallas, Tex., for Brenda Gayle McKeever.

E.X. Martin, III, Dallas, Tex., for Stephen C. Newman.

Richard B. Roper, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Fort Worth, Tex., Patty Merkamp Stemler, Deputy Chief, Appellate Sect., Criminal Div., Washington, D.C., for plaintiff-appellee.

Before GOLDBERG, GARWOOD and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This case is before the panel on remand from an en banc decision of this court. United States v. McKeever, 905 F.2d 829 (5th Cir.1990). The original panel opinion vacated the district court's denial of defendants' motion to suppress certain evidence based on the contention that the evidence was obtained in violation of Fed.R.Crim.P. 41(a). United States v. McKeever, 894...

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