United States Eleventh Circuit

In an illegal reentry prosecution, the denial of defendant's motion to dismiss the indictment is affirmed where the district court did not clearly err in its finding that defendant's apparent race or ethnicity was not the sole factor relied upon by a detective in directing an officer to initiate a consensual encounter.

Appellate Information

• Decided 10/22/2009
• Published 10/22/2009

Judges

• ALARCÓN, Circuit Judge:, Before CARNES, FAY and ALARCÓN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Peter Warren Kenny, Fed, Pub. Def., Orlando, FL, for Quintana., Linda Julin McNamara, Tampa, FL, Peggy Morris Ronca, Asst. U.S. Atty., Orlando, FL, for U.S.