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U.S. v. JENSON

No. 05-50683.

462 F.3d 399 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Tommie Darnell JENSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 23, 2006.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Margaret M. Embry (argued), San Antonio, TX, for Plaintiff-Appellee.

Dusty Gallivan (argued), Gallivan & Associates, Odessa, TX, for Defendant-Appellant.

Before SMITH and STEWART, Circuit Judges, and CRANE, District Judge.

JERRY E. SMITH, Circuit Judge:

Tommie Jenson appeals the denial of his motion to suppress evidence as a violation of his Fourth Amendment rights under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). We reverse and remand for entry of a judgment of acquittal.

I.

Slightly before 11:00 p.m. on June 4, 2004, DPS Trooper Eric Gray noticed a van traveling east on I-20 at 77 mph where the speed limit...

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