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U.S. v. BRUGAL

No. 98-4255.

185 F.3d 205 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Alexis A. BRUGAL; Henry M. Adames, m/o; Reyna M. DeJesus, f/o, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 19, 1999.

Rehearing Granted; Opinion Vacated September 20, 1999.

Attorney(s) appearing for the Case

ARGUED: Miller Williams Shealy, Jr., Assistant United States Attorney, Charleston, South Carolina, for Appellant. Ann Briks Walsh, Assistant Federal Public Defender, Charleston, South Carolina; Barry Francis Kenyon, New York, New York; Jared Sullivan Newman, Daugs, Tedder & Newman, Port Royal, South Carolina, for Appellees. ON BRIEF: J. Rene Josey, United States Attorney, Charleston, South Carolina, for Appellant.

Before WIDENER, MURNAGHAN, and HAMILTON, Circuit Judges.

Rehearing En Banc Granted; Opinion Vacated September 20, 1999.

Affirmed by published opinion. Judge MURNAGHAN wrote the majority opinion, in which Judge WIDENER joined. Judge HAMILTON wrote a dissenting opinion.

OPINION

MURNAGHAN, Circuit Judge:

Here we have an appeal by the government from the district court's suppression of evidence (drugs) found in the trunk of the defendants' car. The government...

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