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U.S. v. REYES

No. 95-50637.

87 F.3d 676 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Roland C. REYES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 26, 1996.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Office of the United States Attorney, San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch, Office of the Federal Public Defender, San Antonio, TX, for Defendant-Appellant.

Before GARWOOD, HIGGINBOTHAM and BENAVIDES, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Roland C. Reyes (Reyes) appeals the denial of his motion to dismiss the indictment charging him with operating a motor vehicle while intoxicated at Kelly Air Force Base (Kelly AFB) in violation of 18 U.S.C. § 13, incorporating section 49.04 of the Texas Penal Code.

Facts and Proceedings Below

Reyes is charged with driving while intoxicated at Kelly AFB, on or about January 31, 1994. Reyes, a civilian...

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