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U.S. v. ISHMAEL

No. 94-40159.

48 F.3d 850 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Rohn Martin ISHMAEL and Debra K. Ishmael, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied April 19, 1995.

Attorney(s) appearing for the Case

Mervyn Hamburg, U.S. Dept. of Justice, Washington, DC, Richard L. Moore, Lon Stuart Platt, Asst. U.S. Attys., Ruth Harris Yeager, U.S. Atty., Tyler, TX, for appellant.

George Patrick Black, Fed. Public Defender, Tyler, TX, for appellee Rohn.

Claude Edward Welch, Robert Neil Moss, Lufkin, TX, for appellee Debra.

Before REYNALDO G. GARZA, DeMOSS and BENAVIDES, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 19, 1995.

DeMOSS, Circuit Judge:

Based on the readings from a thermal imager, along with other circumstantial evidence, federal law enforcement officers obtained a warrant to search the premises of Rohn Martin Ishmael and his wife, Debra K. Ishmael. The officers executed the warrant and discovered some firearms and 770 marijuana plants. After being indicted, the Ishmaels moved to suppress the evidence...

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