U.S. v. OLIVARES-PACHECO

No. 10-50063.

633 F.3d 399 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge OLIVARES-PACHECO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 10, 2011.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Asst. U.S. Atty., Mark Luke Frazier , San Antonio, TX, for Plaintiff-Appellee.

Ramon Lopez , Odessa, TX, for Defendant-Appellant.

Before DAVIS, WIENER, and BENAVIDES, Circuit Judges.


WIENER, Circuit Judge:

Defendant-Appellant Jorge Olivares-Pacheco appeals the district court's denial of his motion to suppress evidence gathered by two Border Patrol Agents during a traffic stop on Interstate 20 near Odessa, Texas. That evidence led to Olivares-Pacheco's conviction for transporting illegal aliens within this country in violation of 8 U.S.C. § 1324(a)(1)(A)(ii). Concluding that the facts articulated by the agents, as known by them at the time...

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