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U.S. v. IBARRA-SANCHEZ

Nos. 98-50999, 98-51044.

203 F.3d 356 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio IBARRA-SANCHEZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Miguel Angel Aguero-Miranda, Ricardo Vasquez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 8, 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.

Luther M. Jones, George & Jones, El Paso, TX, for Ibarra-Sanchez.

Before GARWOOD, SMITH and BENAVIDES, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that appellants' motion for leave to file petition for rehearing out of time is GRANTED. IT IS FURTHER ORDERED that the petition for rehearing is DENIED.

In their petition for rehearing, appellants contend, inter alia, that the evidence presented at the suppression hearing indicated that the officers smelled the marihuana only after they ordered the appellants out of the van...

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