U.S. v. BLOUNT

No. 95-20359.

98 F.3d 1489 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Donnie Lamont BLOUNT; Gaylin Terod Johnson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 22, 1996.


Attorney(s) appearing for the Case

Paula Camille Offenhauser, Alice Ann Burns, Asst. U.S. Atty., U.S. Atty's Office, Houston, TX, for plaintiff-appellee.

George McCall Secrest, Jr., Bennett, Secrest & Meyers, and Robert E. Dolan, Houston, TX, for defendants-appellants.

Before POLITZ, Chief Judge, WIENER and BARKSDALE, Circuit Judges.


POLITZ, Chief Judge:

Donnie Blount and Gaylin Johnson appeal their convictions for drug trafficking and firearms offenses. Concluding that the evidence presented was legally insufficient to convict on the firearms counts and that the district court erred in denying the defendants' motion to suppress, we reverse, render in part, and remand in part.

Background

Near dawn on September 15, 1994, plainclothes officers of the Houston Police Department...

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