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U.S. v. ERWIN

No. 87-2475.

875 F.2d 268 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. James Ray ERWIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 16, 1989.

Attorney(s) appearing for the Case

Stephen P. McCue, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Paula G. Burnett, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with her on the brief), D.N.M., Albuquerque, N.M., for plaintiff-appellee.

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

LOGAN, Circuit Judge.

Defendant James Ray Erwin was charged with possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1), and with aiding and abetting in violation of 18 U.S.C. § 2. He pleaded guilty to both charges, reserving the right to appeal the district court's denial of his motion to suppress the marijuana seized during his arrest. On appeal, defendant asserts that (1) the district court erroneously held that he lacked...

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