UNITED STATES v. ORTEGA-SERRANO

No. 85-1058.

788 F.2d 299 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Angel ORTEGA-SERRANO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 28, 1986.


Attorney(s) appearing for the Case

Gustavo E. Gonzales, Court-Appointed, Dallas, Tex., for defendant-appellant.

Terence Hart, Asst. U.S. Atty., Marvin Collins, James A. Rolfe, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GEE, RUBIN and GARZA, Circuit Judges.


GEE, Circuit Judge:

Jose Angel Ortega de Serrano ("Serrano") was charged with transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(2) and pled guilty to that charge. The issue that Serrano presents on this appeal is whether the district court erred in holding that an Immigration and Naturalization Service ("INS") officer had reasonable suspicion to stop Serrano's car. We reverse.

I.

On September 9, 1984, agents with the antismuggling...

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