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U.S. v. CHAVEZ-CHAVEZ

No. 99-40072.

205 F.3d 145 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Jose de Jesus CHAVEZ-CHAVEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 2, 2000.

Attorney(s) appearing for the Case

Don Calvert, Paula Camille Offenhauser, Asst. U.S. Atty., Alice Ann Burns, Asst. U.S. Atty., Houston, TX, Bryan Barrett (argued), Laredo, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, Renata Ann Gowie, Asst. Federal Public Defender (argued), Jeffrey L. Wilde, Asst. Federal Public Defender, Houston, TX, for Defendant-Appellant.

Before REYNALDO G. GARZA, JONES and EMILIO M. GARZA, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 2, 2000.

REYNALDO G. GARZA, Circuit Judge:

FACTUAL AND PROCEDURAL HISTORY

On July 29, 1998, at approximately 8:00 in the morning, Border Patrol Agents Ron Torralba, an agent with six years experience, and Neil Heideman, an agent with three and a half years experience, stopped a van traveling on Highway 286 because they suspected that it contained illegal aliens. In fact, the van contained eight undocumented...

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