U.S. v. IBARRA

No. 91-2922.

965 F.2d 1354 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Juan IBARRA, John Joe Guerrero, and Robert Franklin Chambers, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 30, 1992.


Attorney(s) appearing for the Case

Doug Wilson, Atty. U.S. Dept. of Justice, Washington, D.C., Paula C. Offenhauser, Bertram A. Isaacs, Asst. U.S. Attys., and Ronald G. Woods, U.S. Atty., Houston, Tex., for plaintiff-appellant.

Mike DeGeurin, Houston, Tex., for Ibarra.

Lewis Dickson, Houston, Tex., for Chambers.

Robert Scardino, Houston, Tex., for Guerrero.

Before POLITZ, Chief Judge, KING, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.


PER CURIAM:

This case was taken en banc solely to review the claim of Robert Franklin Chambers that his fourth amendment rights were violated by a search conducted by the authorities. On that issue the en banc court is equally divided and, accordingly, the ruling of the district court suppressing evidence with respect to Chambers is AFFIRMED. United States v. Holmes, 537 F.2d 227 (5th Cir.1976).

E. GRADY JOLLY...

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