U.S. v. MONSISVAIS

No. 89-2187.

907 F.2d 987 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Heriberto Fernandez MONSISVAIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 3, 1990.


Attorney(s) appearing for the Case

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

Robert Ramos (Gary Hill with him on the brief), of Hill & Ramos, El Paso, Tex., for defendant-appellant.

Before SEYMOUR, BARRETT, and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

After filing an unsuccessful motion to suppress evidence, appellant Monsisvais entered a conditional guilty plea to possession of more than 100 kilograms of marijuana with intent to distribute. Mr. Monsisvais asserts on appeal that the discovery of the marijuana in his vehicle was the result of an illegal search and seizure.

I

On February 17, 1989, Bruce Goad, an agent with the United States Border Patrol, was operating a Border...

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