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U.S. v. MORENO-CHAPARRO

No. 97-50641.

180 F.3d 629 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Alfredo MORENO-CHAPARRO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised February 5, 1999.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., U.S. Attorney, Margaret Feuille Leachman, San Antonio, TX, for Plaintiff-Appellee.

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

Before POLITZ, Chief Judge, and WISDOM and DUHÉ, Circuit Judges.

POLITZ, Chief Judge:

Alfredo Moreno-Chaparro appeals the district court's denial of his motion to suppress evidence allegedly obtained as the result of an unconstitutional stop by a United States Border Patrol agent. For the reasons assigned we conclude and hold that the stop at issue violated fourth amendment guarantees.

BACKGROUND

On March 5, 1997 at approximately 2:00 p.m., United States Border Patrol...

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