U.S. v. NUNEZ

No. 04-14995.

455 F.3d 1223 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Carlos Alberto NUNEZ, Honorato Hernendez, Noelvis Hernandez, Jesus Barrios-Fernandez, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 11, 2006.


Attorney(s) appearing for the Case

Peggy Morris Ronca, Jacksonville, FL, Tamra Phipps, U.S. Atty., Tampa, FL, Douglas Molloy, Fort Myers, FL, for U.S.

James T. Skuthan and Rosemary T. Cakmis, Fed. Pub. Defenders, Orlando, FL, Diane Muenze (Court-Appointed), North Naples, FL, Charles M. Harris (Court-Appointed), Martin Der Ovanesian, Fed. Pub. Def., Ft. Myers, FL, Richard D. Lakeman (Court-Appointed), Cape Coral, FL, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and ANDERSON and FAY, Circuit Judges.


PER CURIAM:

Defendants Carlos Nunez, Honorato Hernandez, Noelvis Hernandez, and Jesus Barrios-Fernandez were indicted for conspiracy to manufacture and possession with intent to distribute 100 or more marijuana plants in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(vii). All Defendants moved to suppress evidence stemming from investigatory vehicle stops. The district court granted suppression, determining that the officer who ordered the stops lacked reasonable...

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