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U.S. v. HERNANDEZ

No. 10-10695.

647 F.3d 216 (2011)

UNITED STATES of America, Plaintiff-Appellee v. Jose Juan HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 2011.

Attorney(s) appearing for the Case

Kevin R. Gingras (argued), Criminal Div., U.S. Dept. of Justice, Washington, DC, Susan Cowger , Asst. U.S. Atty., Dallas, TX, for Plaintiff-Appellee.

Reynaldo Antonio De Los Santos (argued), De Los Santos & Associates, P.C., San Antonio, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

EDITH H. JONES, Chief Judge:

Jose Juan Hernandez appeals the district court's order denying his motion to suppress illegal drugs obtained after federal agents inserted a GPS device on the undercarriage of his brother's truck, without a warrant, to track its whereabouts. Concluding that Hernandez has "standing" to challenge the use, but not the placing, of the device, we find no error in the district court's decision and affirm the conviction.

BACKGROUND<...

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