U.S. v. PORTILLO-MUNOZ

No. 11-10086.

643 F.3d 437 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Armando PORTILLO-MUNOZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised June 29, 2011.


Attorney(s) appearing for the Case

James Wesley Hendrix , Asst. U.S. Atty. (argued), Dallas, TX, for Plaintiff-Appellee.

Kevin Joel Page (argued), Fed. Pub. Def., Dallas, TX, for Defendant-Appellant.

Before GARWOOD, GARZA and DENNIS, Circuit Judges.


GARWOOD, Circuit Judge:

FACTS AND PROCEEDINGS BELOW

On July 10, 2010, the Castro County, Texas, Sheriff's department was notified that a person at the Rodeo Arena in Dimmit, Texas, was "spinning around" on a red motorcycle with a gun in his waistband. A Dimmit Police Officer arrived at the scene and found a .22 caliber handgun in the center console of a four-wheeler driven by defendant-appellant Armando Portillo-Munoz. Portillo indicated to the officers...

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