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U.S. v. CHAVEZ

No. 86-1720.

812 F.2d 1295 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph D. CHAVEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 2, 1987.

Attorney(s) appearing for the Case

Martha A. Daly of Rothstein, Bailey, Bennett, Daly & Donatelli, Santa Fe, N.M. (Timothy J. Padilla and Michael Alarid, Jr., with her on the briefs), for defendant-appellant.

James D. Tierney, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Larry Gomez, Asst. U.S. Atty., with him on the brief), for plaintiff-appellee.

Before LOGAN and ANDERSON, Circuit Judges, and SAFFELS, District Judge.

SAFFELS, District Judge.

Joseph Chavez was convicted of possession with intent to distribute cocaine and the distribution of cocaine in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(B), as charged in Counts 7, 8 and 9 of the Indictment; and in aiding and abetting in violation of 18 U.S.C. § 2, as charged in Counts 7 and 8 of the Indictment. On appeal, Chavez asserts that the evidence obtained in the warrantless search of the garage on...

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