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U.S. v. POLLACK

No. 88-2749.

895 F.2d 686 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. George Perry POLLACK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 1, 1990.

Attorney(s) appearing for the Case

Presiliano A. Torrez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Tara C. Neda, Asst. U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

James B. Foy (Charles A. Harwood with him on the briefs), Silver City, N.M., for defendant-appellant.

Before ANDERSON and BARRETT, Circuit Judges, and THEIS, District Judge.

BARRETT, Senior Circuit Judge.

George Perry Pollack (Pollack) appeals his conviction following a jury trial of possession with the intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1).

Prior to trial, Pollack moved to suppress the marijuana which was seized from the automobile he was driving and which was the basis of the indictment returned against him. At the suppression hearing, Border Patrol...

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