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U.S. v. ALDACO

No. 97-51078.

168 F.3d 148 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Guillermo Coronado ALDACO, also known as Juan Coronado Aldaco, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 22, 1999.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., U.S. Atty., Diane D. Kirstein, San Antonio, TX, for Plaintiff-Appellee.

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

Before REYNALDO G. GARZA, POLITZ and BARKSDALE, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

I. Factual and Procedural Background

At approximately 10:45 p.m. on April 4, 1997, Border Patrol Agents Rene Zamora ("Zamora") and Charles Grout ("Grout") were patrolling Highway 85. At that time, they saw a Suburban traveling eastbound toward Dilley, Texas heading away from the United States-Mexico border. When the agents first observed the Suburban it was approximately seventy-five or eighty miles from the border...

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