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U.S. v. KELLY

No. 01-40467.

302 F.3d 291 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. James Patrick KELLY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 9, 2002.

Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty., Houston, TX, Roger Craig Green (argued), U.S. Dept. of Justice, Washington, DC, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., George W. Aristotelidis, Laura Fletcher Leavitt, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before WIENER, EMILIO M. GARZA and PARKER, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Defendant-Appellant James Patrick Kelly appeals his conviction for drug possession in violation of 21 U.S.C. § 844(a), and knowingly making a false statement to a United States Customs Agent in violation of 18 U.S.C. § 1001. The sole issue on appeal is whether Kelly's Fourth Amendment rights were violated when he was subjected to a canine sniff of his person, including a brief touching of his groin area, on the pedestrian...

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