USA v. Dunson

Filing 920091002

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 06-11374 Conference Calendar October 2, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CLINTON WADE DUNSON, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:06-CR-97-ALL ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* This case returns to us on remand from the Supreme Court of the United States. The Supreme Court vacated our judgment and remanded the case for further consideration in light of Arizona v. Gant, 129 S. Ct. 1710 (2009). We retain jurisdiction of the appeal and remand for the limited purpose of having Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. * No. 06-11374 the district court conduct an evidentiary hearing and whatever other proceedings it deems appropriate for a determination on the issue of inevitable discovery. See United States v. Casper, 2009 WL 2921732 at *1 (5th Cir. Sept. 14, 2009); see also United States v. Runyan, 275 F.3d 449, 466-67 (5th Cir. 2001). REMANDED. 2

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