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United States v. Madrid

United States Court of Appeals, Fifth Circuit
Aug 18, 1975
517 F.2d 937 (5th Cir. 1975)

Opinion

Nos. 74-1851, 74-2296.

August 18, 1975.

Robert E. Kennedy, El Paso, Tex. (Court-appointed), for defendant-appellant.

William S. Sessions, U.S. Atty., San Antonio, Tex., Ron Ederer, William B. Hardie, Jr., Asst. U.S. Attys., El Paso, Tex., for plaintiff-appellee.

Appeals from the United States District Court for the Western District of Texas; Ernest Guinn, Judge.

Before BROWN, Chief Judge, and MURRAH and WISDOM, Circuit Judges.

Of the Tenth Circuit, sitting by designation.


ON PETITION FOR REHEARING [2] (Opinion dated March 28, 1975, 510 F.2d 554)


It is ordered that the petition for rehearing filed in the above entitled and numbered causes be and the same is hereby granted for the sole purpose of remanding the case to the district court for an evidentiary hearing on the lawfulness of the stop and search of Madrid's vehicle. On remand, the district court should consider the case in the light of United States v. Ortiz, 1975 [43 L.W. 5026, June 24, 1975]; ___ U.S. ___, 95 S.Ct. 2585, 45 L.Ed.2d 623, United States v. Buignoni-Ponce, 1975 [43 L.W. 5028, June 24, 1975], ___ U.S. ___, 95 S.Ct. 2574, 45 L.Ed.2d 607, and any other relevant decisions of the United States Supreme Court or this Court relating to checkpoint stops or border searches of vehicles.

Reversed and remanded.


Summaries of

United States v. Madrid

United States Court of Appeals, Fifth Circuit
Aug 18, 1975
517 F.2d 937 (5th Cir. 1975)
Case details for

United States v. Madrid

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. MANUEL FEDERICO MADRID…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 18, 1975

Citations

517 F.2d 937 (5th Cir. 1975)

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