U.S. v. PACE

No. 90-8543.

955 F.2d 270 (1992)

UNITED STATES of America, Plaintiff-Appellee Cross-Appellant, v. Charles D. PACE, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 24, 1992.


Attorney(s) appearing for the Case

Stephen M. Orr, Orr, Davis & Beaver, Austin, Tex., for defendant-appellant cross-appellee.

Diane D. Kirstein, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee cross-appellant.

Before POLITZ, Chief Judge, KING and JOHNSON, Circuit Judges.


KING, Circuit Judge:

Our original opinion in this appeal, reported at 950 F.2d 961, is withdrawn in its entirety, and the following is substituted therefor:

In the central issue in this appeal, Charles D. Pace invites us to hold that which the Supreme Court has rejected in a factually indistinguishable case — that a barn physically separate from a home enjoys Fourth Amendment protection because it is within the curtilage of the home, and that the area...

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