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U.S. v. SOTO

No. 10-40518.

649 F.3d 406 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo SOTO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 9, 2011.

Attorney(s) appearing for the Case

John Richard Berry (argued), James Lee Turner , Asst. U.S. Attys., Houston, TX, Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., H. Michael Sokolow (argued), Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before JOLLY, HAYNES and GRAVES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Ricardo Soto appeals his conviction, specifically the district court's denial of his motion to suppress evidence resulting from a temporary investigative stop by Border Patrol agents on Interstate 35 near Cotulla, Texas. This evidence is at the bottom of Soto's conviction for unlawfully transporting an illegal alien. For the reasons that follow, we conclude, in this admittedly close case, that the circumstances known and the conduct...

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