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U.S. v. JONES

Nos. 99-11250, 99-11259.

234 F.3d 234 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Napoleon JONES, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Eduardo Gabriel Daniel, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 16, 2001.

Attorney(s) appearing for the Case

Christy Lee Drake, Asst. U.S. Atty. (argued), Amarillo, TX, for Plaintiff-Appellee.

Barry Don Peterson (argued), Peterson, Farris, Doores & Jones, Amarillo, TX, for Napoleon Jones.

Bonita L. Gunden (argued), Amarillo, TX, for Eduardo Gabriel Daniel.

Before DUHÉ, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

In these appeals, which were consolidated for oral argument, both defendants Napoleon Jones and Eduardo Gabriel Daniel appeal their convictions arising out of a traffic stop where narcotics were found in their rental car. Because the narcotics were the fruit of an illegal seizure, we vacate the convictions and sentences and remand.

I. BACKGROUND

On April 2, 1999, at approximately 11...

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