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U.S. v. MOORE

No. 02-40628.

329 F.3d 399 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Brian Matthew MOORE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 22, 2003.

Attorney(s) appearing for the Case

Jennifer Bass Lowery, Beaumont, TX, for Plaintiff-Appellant.

Denise S. Benson and Amy R. Blalock, Asst. Federal Public Defenders, Tyler, TX, for Defendant-Appellee.

Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

KING, Chief Judge:

The petitions for rehearing are DENIED. This court's opinion (5th Cir.2003), is hereby withdrawn, and the following opinion is substituted:

The United States of America appeals the district court's suppression of approximately one hundred pounds of marijuana and a pistol found in Defendant Brian Matthew Moore's vehicle. The district court granted Moore's suppression motion because it determined that the police officers' investigatory stop...

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