U.S. v. MONSIVAIS

No. 15-10357.

848 F.3d 353 (2017)

UNITED STATES of America, Plaintiff-Appellee v. Marcelo MONSIVAIS, also known as Marcelo Monsivais-Castro, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed February 2, 2017.


Attorney(s) appearing for the Case

Brian Walters Stoltz , James Wesley Hendrix , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Jacob Austin Blizzard , Parker & Blizzard, P.L.L.C., Abilene, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, and JONES and DENNIS, Circuit Judges.


The events leading to the arrest and conviction of Marcelo Monsivais occurred on the side of Interstate 20 roughly midway between Abilene and Fort Worth, in Palo Pinto County, Texas. On September 22, 2014, during daylight hours, Deputy John Baker of the Palo Pinto County Sheriff's Office and City Marshal Abel Saldana...

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