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U.S. v. ACOSTA

No. 05-51691.

475 F.3d 677 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Robert ACOSTA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 2007.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Mark Randolph Stelmach (argued), Asst. U.S. Attys., San Antonio, TX, for U.S.

David J. Kimmelman (argued), El Paso, TX, for Acosta.

Before SMITH, BENAVIDES and PRADO, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Robert Acosta claims a violation of his Sixth Amendment right to confront a hostile witness. We affirm.

I.

While conducting routine surveillance at an El Paso truck stop, police officer Jose Lucero observed a car with Chihuahuan license plates pull up to an empty flatbed truck.1 Juan Marrufo exited the car's passenger seat, and he and the driver of the car unloaded two large bags from the...

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