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U.S. v. GARCIA

No. 89-50589.

909 F.2d 389 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Anthony GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 25, 1990.

Attorney(s) appearing for the Case

C. Anthony Valladolid, San Diego, Cal., for defendant-appellant.

Peter C. Lewis, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HUG, BEEZER and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Robert Anthony Garcia entered a conditional plea of guilty to a charge of possession of counterfeit federal reserve notes, reserving his right to appeal the district court's denial of his pretrial motion to suppress evidence. He also appeals his sentence. We affirm his conviction and reverse and remand for resentencing.

FACTS

On April 28, 1989 a little after 9:00 p.m., two California Highway Patrol Officers observed Garcia...

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