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U.S. v. BLOUNT

No. 95-20359.

123 F.3d 831 (1997)

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

United States Court of Appeals, Fifth Circuit.

September 22, 1997.

Attorney(s) appearing for the Case

Alice Ann Burns, Paula Camille Offenhauser, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

George McCall Secrest, Jr., Bennett, Secrest & Meyers, Houston, TX, for Defendant-Appellant Donnie Lamont Blount.

Robert E. Dolan, Houston, TX, for Defendant-Appellant Gaylin Terod Johnson.

Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

A divided panel of this court concluded that the defendants' motion to suppress evidence in this drug trafficking and firearms case should have been granted by the district court. The panel therefore reversed the convictions of Donnie Lamont Blount and Gaylin Terod Johnson, over the dissent of one panel member. United States v. Blount, 98 F.3d 1489 (5th Cir.1996), reh'g en banc granted,

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