United States v. Jesse Dominguez

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 12, 2015
• Docket: 14-50794
• Status: Unpublished

Opinion

Case: 14-50794 Document: 00513151574 Page: 1 Date Filed: 08/12/2015

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14-50794 United States Court of Appeals Fifth Circuit

FILED UNITED STATES OF AMERICA, August 12, 2015 Lyle W. Cayce Plaintiff - Appellee Clerk

v.

JESSE DOMINGUEZ,

Defendant - Appellant

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CONSOLIDATED WITH 14-50823

UNITED STATES OF AMERICA,

Plaintiff - Appellee

CRYSTAL DOERR,

Appeals from the United States District Court for the Western District of Texas USDC No. 5:14-CR-24

Before STEWART, Chief Judge, and JOLLY and GRAVES, Circuit Judges. Case: 14-50794 Document: 00513151574 Page: 2 Date Filed: 08/12/2015

No. 14-50794 PER CURIAM:* We have read the record, studied the briefs, and heard very capable arguments from both parties. We have concluded, in the light of our precedents, that reasonable suspicion is not supported by the facts in this case. Too many of the asserted bases for reasonable suspicion can plausibly be explained as normal or innocent conduct; and from which, criminal suspicion under the Fourth Amendment cannot convincingly be inferred. Accordingly, the judgment of the district court is REVERSED and VACATED. The case is REMANDED for entry of a judgment of acquittal. REVERSED, VACATED, and REMANDED for entry of judgment.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.