U.S. v. MALDONADO

No. 94-60243.

42 F.3d 906 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Donato Garcia MALDONADO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 6, 1995.


Attorney(s) appearing for the Case

Jose Luis Ramos, McAllen, TX, for appellant.

Paula C. Offenhauser, Jim Powers, Asst. U.S. Attys., Gaynelle Griffin Jones, U.S. Atty., Houston, TX, for appellee.

Before WHITE, Associate Justice (Ret.), BARKSDALE and PARKER, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Donato Garcia Maldonado's principal claim is that, pursuant to Minnesota v. Dickerson, ___ U.S. ___, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993), seizure of heroin from his boot was outside the lawful scope of a pat-down for weapons pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); but, we must address first whether the issue was raised in district court. Finding...

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