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U.S. v. COLE

No. 05-50686.

444 F.3d 688 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Demetric Montique COLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 30, 2006.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), Mara A. Blatt, San Antonio, TX, for U.S.

Eva-Marie Elisabeth Leahey (argued), Leahey Law Offices, Odessa, TX, for Cole.

Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant Demetric Cole appeals the denial of his motion to suppress drugs found in his vehicle following a traffic stop. Because we are unable to resolve the legality of the traffic stop without additional fact finding, we vacate the district court's order denying Cole's motion to suppress and remand for further proceedings.

I.

Cole was stopped for a traffic violation in Odessa, Texas at the intersection of Tanglewood...

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