U.S. v. RUBIO-RIVERA

No. 89-2302.

917 F.2d 1271 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Ramon RUBIO-RIVERA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 26, 1990.


Attorney(s) appearing for the Case

David N. Williams, Asst. U.S. Atty., Rhonda P. Backinoff, Asst. U.S. Atty. and William L. Lutz, U.S. Atty., on brief, Albuquerque, N.M., for plaintiff-appellee.

William D. Fry, Asst. Federal Public Defender, Las Cruces, N.M., for defendant-appellant.

Before TACHA and BALDOCK, Circuit Judges, and CHRISTENSEN, District Judge.


BALDOCK, Circuit Judge.

Defendant-appellant Ramon Rubio-Rivera appeals from a judgment of conviction on one count of possession with intent to distribute less than fifty kilograms of marijuana. 21 U.S.C. § 841(a)(1), 841(b)(1)(D). Defendant's motion to suppress forty-four pounds of marijuana was denied by the district court and he was convicted after a jury trial. Sentenced to prison for twenty-five months and supervised release for three years thereafter, defendant...

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