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GOCHICOA v. JOHNSON

Nos. 96-50785, 97-50159.

118 F.3d 440 (1997)

Pedro L. GOCHICOA, Petitioner-Appellee, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 3, 1997.

Attorney(s) appearing for the Case

Philip J. Lynch, San Antonio, TX, for Petitioner-Appellee.

Charles A. Palmer, Jodi L. Brown, Austin, TX, for Respondent-Appellant.

Before JOLLY, DUHÉ and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Respondent Gary L. Johnson, on behalf of the State of Texas (hereinafter the "State"), appeals the district court's grant of a writ of habeas corpus under 28 U.S.C. § 2254 to Petitioner Pedro Gochicoa. We reverse.

I

While responding to a call complaining of a "suspicious person," Officer Victor Prieto of the Pecos, Texas police department encountered Jorge Gochicoa, Pedro's brother, sitting in a parked car near...

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