Nos. 87-1874, 87-1876.

857 F.2d 686 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Freddie MAYNES-ORTEGA and Antonio Aguirre-Rodriguez, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 14, 1988.

Attorney(s) appearing for the Case

William L. Lutz, U.S. Atty., Don J. Svet, First Asst. U.S. Atty., Larry Gomez, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellee.

Michael G. Katz, Federal Public Defender, Frances Smylie Brown, Asst. Federal Public Defender, Denver, Colo., for defendants-appellants.

Before ANDERSON and BARRETT, Circuit Judges, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

The principal question for decision in this case (submitted on briefs) is whether evidence of drug offenses must be excluded because it was discovered accidentally by officers duly conducting a search for evidence of a different type of offense (transportation of illegal aliens). Appellant also contends that a new trial should have been granted on the ground of newly discovered evidence. We affirm.

Appellants' argument that...

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