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U.S. v. VENZOR-CASTILLO

No. 92-2190.

991 F.2d 634 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Rodolfo VENZOR-CASTILLO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 8, 1993.

Attorney(s) appearing for the Case

Kelly H. Burnham, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., with her on the brief), Las Cruces, NM, for plaintiff-appellant.

Charles A. Harwood, Silver City, NM, for defendant-appellee.

Before McKAY, Chief Circuit Judge, SETH, Senior Circuit Judge, and MOORE, Circuit Judge.

JOHN P. MOORE, Circuit Judge.

The United States appeals from an order of the district court granting defendant Rodolfo Venzor-Castillo's motion to suppress evidence the government intended to introduce in defendant's trial for alien smuggling. 816 F.Supp. 683. The evidence was obtained from a Border Patrol stop of his vehicle. The government attacks the district court's holding that the Border Patrol agent lacked reasonable suspicion...

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