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U.S. v. O'BRIEN

No. 90-8549.

950 F.2d 969 (1991)

UNITED STATES of America, Plaintiff-Appellee Cross-Appellant, v. John D. O'BRIEN, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 13, 1992.

Attorney(s) appearing for the Case

Dick DeGuerin, DeGuerin & Dickson, Houston, Tex., for defendant-appellant cross-appellee.

LeRoy Morgan Jahn, Diane D. Kirstein, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee cross-appellant.

Before POLITZ, KING and JOHNSON, Circuit Judges.

KING, Circuit Judge:

John D. O'Brien pled guilty to two counts of conspiracy and possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846, reserving the right to appeal the denial of his motion to suppress evidence seized from a barn and from his home. He was sentenced to 12 months imprisonment, a five year term of supervised release, a $10,000 fine and a $100 special assessment. O'Brien appeals the denial of his suppression...

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