U.S. v. CHAVEZ-VILLARREAL

No. 92-1809.

3 F.3d 124 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Hipolito CHAVEZ-VILLARREAL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 21, 1993.


Attorney(s) appearing for the Case

Scott Segall, Russell M. Aboud, El Paso, TX, for defendant-appellant.

Delonia A. Watson, Asst. U.S. Atty., Dallas, TX, Richard H. Stephens, U.S. Atty., Ft. Worth, TX, for plaintiff-appellee.

Before POLITZ, Chief Judge, REYNALDO G. GARZA and JOLLY, Circuit Judges.


POLITZ, Chief Judge:

Convicted of possession with intent to distribute marihuana and an associated firearms offense, Jose Hipolito Chavez-Villarreal appeals denial of his motion to suppress. Finding that the inculpatory evidence was the fruit of an illegal stop, we vacate and remand.

Background

Shortly before 9:00 a.m., Border Patrol Agent Gerald R. Vonn was monitoring eastbound traffic on Interstate 40 twelve miles west of Amarillo, Texas...

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