UNITED STATES v. LOPEZ

No. 84-1391.

777 F.2d 543 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Augustin Alonso LOPEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 12, 1985.


Attorney(s) appearing for the Case

Paul J. Kennedy, Albuquerque, N.M., and Theodore R. Naimy, Jr., Los Angeles, Cal., for defendant-appellant.

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

Before BARRETT, DOYLE and McKAY, Circuit Judges.


BARRETT, Circuit Judge.

Augustin Lopez (Lopez) appeals from a judgment and conviction in the United States District Court for the District of New Mexico for violating 21 U.S.C. § 841(a)(1), possession with intent to distribute cocaine.

On October 17, 1983, at approximately 4:30 p.m., defendant Lopez was driving a 1978 station wagon bearing California license plates westbound on Interstate 40. He was stopped by...

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