U.S. v. CHAVEZ

No. 01-20845.

281 F.3d 479 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Jacobo Isaias CHAVEZ, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 4, 2002.


Attorney(s) appearing for the Case

Katherine L. Haden, Asst. U.S. Atty. (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellant.

Roland E. Dahlin, II, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellee.

Before POLITZ, HIGGINBOTHAM and CLEMENT, Circuit Judges.


CLEMENT, Circuit Judge:

The government appeals from the district court's order granting the defendant's motion to suppress and dismissing the indictment with prejudice. For the following reasons, we reverse the district court's suppression ruling, vacate the district court's order of dismissal, and remand for further proceedings consistent with this opinion.

I.

In the early morning hours of May 19, 2001...

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