United States v. Juan Ibarra, John Joe Guerrero, and Robert Franklin Chambers

This case was taken en banc solely to review the claim of Robert Franklin Chambers that his fourth amendment rights were violated by a search conducted by the authorities. On that issue the en banc court is equally divided and, accordingly, the ruling of the district court suppressing evidence with respect to Chambers is AFFIRMED. United States v. Holmes, 537 F.2d 227 (5th Cir.1976).

E. GRADY JOLLY, Circuit Judge, with whom POLITZ, Chief Judge, GARWOOD, JERRY E. SMITH, WIENER, EMILIO M. GARZA and DeMOSS, Circuit Judges, join, would affirm the district court for the following reasons:

I would…