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U.S. v. PENA

No. 97-2112.

143 F.3d 1363 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Marcos Amabiles PENA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 12, 1998.

Attorney(s) appearing for the Case

Joseph W. Gandert, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Renee L. Camacho, Assistant U.S. Attorney, Las Cruces, NM, (John J. Kelly, U.S. Attorney, and Charles L. Barth, Assistant U.S. Attorney, Albuquerque, NM, on the brief), for Plaintiff-Appellee.

Before PORFILIO, HOLLOWAY, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Defendant Marcos Pena was convicted of possession with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B), and 18 U.S.C. § 2(a). Prior to trial, Pena filed a motion to suppress evidence, but the district court denied the motion. He appeals that denial, asserting that he did not consent to the search during which the police found the drugs that he was convicted of possessing...

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