No. 300CR-34X.

162 F.Supp.2d 582 (2001)

UNITED STATES of America, Plaintiff, v. Timothy COLEMAN, Defendant.

United States District Court, N.D. Texas, Dallas Division.

August 30, 2001.

Attorney(s) appearing for the Case

Michael Hawk, Krupkin & Moulliet, Kirk F Lechtenberger, Law Office of Kirk F Lechtenberger, Dallas, for defend.

Candina Sharon Heath, U.S. Attorney's Office, Department of Justice, Dallas, for U.S.


KENDALL, District Judge.

Before the Court is Defendant Coleman's Motion to Suppress and the Government's Response. This Motion was the subject of a hearing held on October 3, 2000. On January 12, 2001, the Court granted the Motion to Suppress. The Court now finds that based on Fifth Circuit binding precedent not raised by the Government, the Court must VACATE

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