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U.S. v. AZUA-RINCONADA

No. 17-4344.

914 F.3d 319 (2019)

UNITED STATES of America, Plaintiff - Appellee, v. Ismael AZUA-RINCONADA, Defendant - Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2019.

Attorney(s) appearing for the Case

ARGUED: Anne Margaret Hayes , Cary, North Carolina, for Appellant. Kristine L. Fritz , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert J. Higdon, Jr. , United States Attorney, Jennifer, P. May-Parker , Acting First Assistant United States Attorney, Phillip A. Rubin , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Keenan and Judge Moon joined. Judge Keenan wrote a separate opinion, concurring.

After Ismael Azua-Rinconada ("Azua") was indicted for illegally entering the United States in violation of 8 U.S.C. § 1326(a), he filed two motions to suppress all statements and all other evidence obtained by law enforcement officers during their encounter with him prior to his arrest. He alleged that the officers...

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