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U.S. v. ALLEN

No. 09-50283.

625 F.3d 830 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. David Roger ALLEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 4, 2010.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Ellen A. Lockwood (argued), Asst. U.S. Attys., San Antonio, TX, for U.S.

Marcia Jean Silvers (argued), Joseph S. Rosenbaum , Miami, FL, for Allen.

Before JOLLY and GARZA, Circuit Judges, and STARRETT, District Judge.

STARRETT, District Judge:

David Roger Allen (Allen) appeals the district court's denial of a motion to suppress evidence seized in an allegedly illegal search. He argues the search warrant was overbroad, lacked particularity, was based on stale information and was not supported by probable cause. Allen, a college professor and first time offender, was indicted by a federal grand jury on May 28, 2008. The indictment charged Allen with two Counts of Shipping by Computer...

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