U.S. v. ALVAREZ

No. 96-41259.

127 F.3d 372 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Luis ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 24, 1997.


Attorney(s) appearing for the Case

James Lee Turner, Paula Camille Offenhauser, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee.

William Gerow Christian, Roland E. Dahlin, II, Federal Public Defender, Jose I. Gonzalez-Falla, Houston, TX, for Defendant-Appellant.

Before POLITZ, Chief Judge, and BENAVIDES and PARKER, Circuit Judges.


ROBERT M. PARKER, Circuit Judge:

Appellant Jorge Luis Alvarez ("Alvarez") appeals his conviction and sentence for the sexual exploitation of minors, 18 U.S.C. § 2252. We reverse.

FACTS AND PROCEDURAL HISTORY

Alvarez was indicted for possession of videotapes depicting, and produced with the use of, minors engaging in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(4)(B). After the district court denied his motion to suppress...

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