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U.S. v. RICE

No. 98-51054.

185 F.3d 326 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Glen Moore RICE, Jr., also known as Ivan Rice, also known as Billy Rice, also known as John Smith, also known as James Gregory, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 12, 1999.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., U.S. Attorney, Angela J. Moore, San Antonio, TX, for Plaintiff-Appellee.

Terrence W. Kirk, Law Office of Joseph A. Turner, Austin, TX, for Defendant-Appellant.

Before REYNALDO G. GARZA, HIGGINBOTHAM and DAVIS, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

I. FACTUAL AND PROCEDURAL BACKGROUND

On February 17, 1997, Glen Moore Rice, Jr. ("Rice") and a co-defendant, James Gregory1 ("Gregory"), were arrested in a hotel room in Lewisville, Texas, on the basis of an outstanding federal warrant for Rice. The agents executing the warrant found a briefcase containing $34,522, a drug ledger and a small amount of marijuana. The agents discovered that Gregory...

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