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U.S. v. MONTGOMERY

No. 13-40880.

777 F.3d 269 (2015)

UNITED STATES of America, Plaintiff-Appellee v. Robert Allen MONTGOMERY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 27, 2015.

Attorney(s) appearing for the Case

Amy Howell Alaniz , Assistant U.S. Attorney, U.S. Attorney's Office, McAllen, TX, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Timothy William Crooks , Assistant Federal Public Defender, Margaret Christina Ling , Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, and BARKSDALE and GRAVES, Circuit Judges.

In May 2012, officers stopped Robert Allen Montgomery in the driveway of his home for traffic violations. A subsequent weapons frisk revealed cocaine. Montgomery was arrested, his car searched, and his Blackberry smartphone confiscated. The Blackberry contained images of minors engaged in sexual activities, and Montgomery...

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