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U.S. v. ZAPATA-IBARRA

No. 99-50156.

212 F.3d 877 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Eugenio ZAPATA-IBARRA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 19, 2000.

Attorney(s) appearing for the Case

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

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

Before GARWOOD, WIENER and DeMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Eugenio Zapata-Ibarra (Zapata-Ibarra) was indicted for two counts of transporting an alien illegally within the United States in violation of 8 U.S.C. § 1324(a)(1)(A)(ii). Zapata-Ibarra moved to suppress evidence which he says was obtained by the government as a result of an unconstitutional stop and search of his vehicle. Zapata-Ibarra having waived trial by jury, the district court carried the motion to suppress with...

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