U.S. v. MONSISVAIS

No. 90-2254.

946 F.2d 114 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Heriberto Fernandez MONSISVAIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 3, 1991.


Attorney(s) appearing for the Case

Robert Ramos, (Gary Hill, on the brief), El Paso, Tex., for defendant-appellant.

David N. Williams, Asst. U.S. Atty. (William L. Lutz, U.S. Atty. with him, on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before HOLLOWAY, LOGAN and BALDOCK, Circuit Judges.


LOGAN, Circuit Judge.

Defendant Heriberto Fernandez Monsisvais entered a conditional guilty plea to a charge of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). He reserved the right to appeal the denial of his motion to suppress the introduction into evidence of the marijuana he was accused of possessing. On that appeal, another panel of this court reversed the district court's determination that the marijuana was admissible...

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