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U.S. v. MARTINEZ

No. 05-20330.

486 F.3d 855 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Angel MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 15, 2007.

Attorney(s) appearing for the Case

Julia Bowen Stern and James Lee Turner, Asst. U.S. Attys., Peter Rodney Mason (argued), Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Michael L. Herman (argued), Houston, TX, for Defendant-Appellant.

Before REAVLEY, JOLLY and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Based on a tip, Houston police suspected that the defendant, Juan Angel Martinez, had witnessed a violent crime and might possess the weapons used therein. The tipster provided a street address and indicated that Martinez was staying there with his girlfriend. Rather than seek a warrant, the police set up a ruse to draw Martinez out of the house. Martinez and his girlfriend took the bait, exited...

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