United States Fifth Circuit

In order to determine whether defendant's drug conviction appeal on Fourth Amendment grounds is distinguishable from US v. Portillo-Aguirre, 311 F.3d 647 (5th Cir. 2002), further findings are needed to ascertain whether the Border Patrol officer had not completed his immigration inspection when on his way out of the bus, he stopped and asked defendant and his companion some questions.

Appellate Information

• Decided 04/30/2003
• Published 04/30/2003

Judges

• EDITH H. JONES, Circuit Judge:, Before GARWOOD, JONES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), San Antonio, TX, Mark Randolph Stelmach, Asst. U.S. Atty., Austin, TX, for Plaintiff-Appellee., Judy Fulmer Madewell (argued), San Antonio, TX, for Defendant-Appellant.