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U.S. v. GUZMAN

Nos. 87-2325, 87-2231.

864 F.2d 1512 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Luis GUZMAN and Sonia Cruz-Lazo, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 30, 1988.

Attorney(s) appearing for the Case

William L. Lutz, U.S. Atty. James D. Tierney, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellant.

Howard Sohn, Miami, Fla., for defendant-appellee Guzman.

David J. Finger of Levine & Finger, Miami, Fla., for defendant-appellee Cruz-Lazo.

Before SEYMOUR and SETH, Circuit Judges, and O'CONNOR, District Judge.

SEYMOUR, Circuit Judge.

Defendants Jose Guzman and Sonia Cruz-Lazo were each charged with one count of possession of cocaine with intent to distribute. The district court granted defendants' motion to suppress evidence uncovered when their car was stopped. The United States appeals, and we remand for further proceedings.

I.

On August 3, 1987, Jose Guzman and his wife, Sonia Cruz-Lazo, were driving a rented 1987 Cadillac with Florida license plates...

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