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U.S. v. RODRIGUEZ-RIOS

No. 92-8257. Summary Calendar.

991 F.2d 167 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Zacarias RODRIGUEZ-RIOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Suggestion for Rehearing Granted July 1, 1993.

Attorney(s) appearing for the Case

Robert R. Harris, El Paso, TX, for defendant-appellant.

Richard L. Durbin, Jr., Margaret Feuille Leachman, Diane D. Kirstein, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, TX, for plaintiff-appellee.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.

Suggestion for Rehearing En Banc Granted July 1, 1993.

JERRY E. SMITH, Circuit Judge:

Zacarias Rodriguez-Rios (a.k.a. Leonel Vargas-Lopez) appeals his conviction on one count of making a false, fictitious, or fraudulent representation of a material fact in violation of 18 U.S.C. § 1001. We reverse.

I.

On May 19, 1991, Rodriguez was viewed by a United States Customs agent as he was exiting an airplane at the airport in Santa Teresa, New...

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