U.S. v. VITE-ESPINOZA

Nos. 02-5491, 02-5492.

342 F.3d 462 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Joaquin VITE-ESPINOZA; Jose Martinez-Rivera (02-5492), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2003.

Petition for Rehearing Denied: November 21, 2003.


Attorney(s) appearing for the Case

ARGUED: Sumter L. Camp, FEDERAL PUBLIC DEFENDER'S OFFICE, Nashville, Tennessee, Paul J. Bruno, BRUNO, HAYMAKER & HEROUX, Nashville, Tennessee, for Appellants.

Hilliard H. Hester, ASSISTANT UNITED STATES ATTORNEY, Nashville, Tennessee, for Appellee.

ON BRIEF: Sumter L. Camp, FEDERAL PUBLIC DEFENDER'S OFFICE, Nashville, Tennessee, Paul J. Bruno, BRUNO, HAYMAKER & HEROUX, Nashville, Tennessee, for Appellants.

Hilliard H. Hester, ASSISTANT UNITED STATES ATTORNEY, Nashville, Tennessee, for Appellee.

Before: BOGGS, SUHRHEINRICH, and CLAY, Circuit Judges.


Petition for Rehearing Denied En Banc: November 21, 2003.

Pursuant to Sixth Circuit Rule 206

BOGGS, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. CLAY, J. (pp. 471-475), delivered a separate opinion concurring in the outcome reached by the majority.

OPINION

BOGGS, Circuit Judge.

Defendants Mario Joaquin Vite-Espinoza and Jose Martinez-Rivera appeal the district court's denial of their motion to suppress...

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