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U.S. v. GOMEZ

No. 00-51233.

276 F.3d 694 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Javier GOMEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 2001.

Attorney(s) appearing for the Case

Angela S. Raba (argued), Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee.

Mary Stillinger (argued), El Paso, TX, for Defendant-Appellant.

Before JOLLY, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Javier Gomez challenges his conviction of conspiracy, possession of marihuana with intent to distribute, and maintaining a place for the purposes of possession and distribution of marihuana. We vacate and remand.

I.

Customs agents received a tip that a rental truck was parked outside Gomez's residence in El Paso, Texas. The agents previously had received information suggesting the house was being used as a narcotics...

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