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U.S. v. VILLALOBOS

No. 97-50640.

161 F.3d 285 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Bivian VILLALOBOS, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 19, 1998.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., United States Attorney, San Antonio, TX, Mark Randolph Stelmach, Assistant U.S. Attorney, Austin, TX, for Plaintiff-Appellee.

Philip J. Lynch, Henry Joseph Bemporad, San Antonio, TX, for Defendant-Appellant.

Before KING, GARWOOD and HIGGINBOTHAM, Circuit Judges.

KING, Circuit Judge:

Defendant-Appellant Bivian Villalobos, Jr., appeals his conditional plea of guilty on the grounds that the district court erred in denying his motion to suppress evidence obtained as the result of an allegedly unconstitutional stop by a United States Border Patrol agent. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case concerns a Border Patrol stop on Highway 67, which runs north from the Presidio, Texas port of entry...

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