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U.S. v. GUERRERO-BARAJAS

No. 99-41208.

240 F.3d 428 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto Guerrero-Barajas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised January 26, 2001.

Attorney(s) appearing for the Case

David Hill Peck (argued), James Lee Turner, Asst. U.S. Atty., Don Calvert, Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Jeffrey L. Wilde, Asst. Fed. Pub. Def., Laura Fletcher Leavitt (argued), Houston, TX, for Defendant-Appellant.

Before REYNALDO G. GARZA, STEWART, and DENNIS, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Ernesto Guerrero-Barajas ("Barajas"), a United States citizen, appeals the federal district court's denial of his motion to suppress. For the reasons stated below, we affirm the federal district court's denial of Barajas's motion.

1. Factual and Procedural Background

In the early morning of April 21, 1999, Barajas and nine illegal aliens were traveling north on Farm to Market Road ("FM") 88 in a large burgundy...

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