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U.S. v. NICHOLS

No. 97-40843.

142 F.3d 857 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Dale NICHOLS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 6, 1998.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Paul C. Looney, Clay S. Conrad, Houston, TX, for Defendant-Appellant.

Before POLITZ, Chief Judge, and REYNALDO G. GARZA and DENNIS, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Robert Dale Nichols pleaded guilty, under a conditional plea, to one count of possession with intent to distribute in excess of 100 kilograms of marijuana. Prior to that plea, the district court had denied Nichols' motion to suppress the marijuana and Nichols' statements while in custody, holding that the Border Patrol had reasonable suspicion to stop Nichols' automobile, "based on sufficient articulable facts." The district court...

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