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UNITED STATES v. KARO

Nos. 81-1899, 81-1902 to 81-1906.

710 F.2d 1433 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. James Connors KARO, Richard Miles Horton, William Robertson Harley, Michael Gaylord Steele, Evan Roth, Gene R. Rhodes, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 20, 1983.

Attorney(s) appearing for the Case

Richard J. Smith, Asst. U.S. Atty., Albuquerque, N.M. (Don J. Svet, William L. Lutz, U.S. Attys., Albuquerque, N.M., and James F. Blackmer, Asst. U.S. Atty., Albuquerque, N.M., with him on the briefs), for plaintiff-appellant.

Nancy Hollander of Freedman, Boyd & Daniels and Reber Boult, Asst. Federal Public Defender, Albuquerque, N.M. (James Beam and Roger Bargas, Albuquerque, N.M., with them on the briefs), for defendants-appellees Karo, Steele, Roth, and Rhodes.

Charles Louis Roberts, El Paso, Tex. (William Marchiondo, Albuquerque, N.M., and Joseph Abraham, Jr., El Paso, Tex., with him on the briefs), for defendants-appellees Horton and Harley.

Before McWILLIAMS, LOGAN and SEYMOUR, Circuit Judges.

LOGAN, Circuit Judge.

This appeal arises from an action in which defendants James Karo, Richard Horton, William Harley, Michael Steele, Evan Roth, and Gene Rhodes were charged with conspiracy to possess cocaine with intent to distribute it, a violation of 21 U.S.C. § 846, and all defendants except Rhodes were charged with possession of cocaine with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). The defendants filed a joint motion to suppress...

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