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U.S. v. GARCIA-RUIZ

No. 07-51269.

546 F.3d 716 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Noe GARCIA-RUIZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 27, 2008.

Attorney(s) appearing for the Case

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

M. Carolyn Fuentes, Henry Joseph Bemporad, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and GARWOOD and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Noe Garcia-Ruiz appeals his conviction on the ground that the district court erred in denying his motion to suppress. We affirm.

I.

Garcia-Ruiz was charged with reentry into the United States as a deported alien in violation of 8 U.S.C. § 1326(1). Gary Rose, a deputy sheriff, stopped, detained, and turned Garcia-Ruiz over to Border Patrol agents in Sierra Blanca, Texas, a small town thirty miles from the Texas...

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