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U.S. v. VILLARREAL

No. 91-2598.

963 F.2d 770 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Santos VILLARREAL and Sergio Gonzalez, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 11, 1992.

Attorney(s) appearing for the Case

Kathlyn G. Snyder, Paula C. Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, Tex., for U.S.

Gerald Goldstein, Patrick T. Peranteau, Goldstein, Goldstein & Hilley, San Antonio, Tex., for Santos Villarreal.

L. Aron Pena, Edinburg, Tex., for Sergio Gonzalez.

Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court held that a warrantless search of a fifty-five gallon drum labeled phosphoric acid and in transit to defendants by common carrier violated the Fourth Amendment and suppressed the evidence. The government appeals, arguing that the defendants had no reasonable expectation of privacy in the drum and that the agents had consent to perform the search. We find these arguments without merit and affirm.

I...

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