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U.S. v. OZUNA-FUENTES

Crim. No. 89-173-JB.

773 F.Supp. 1495 (1991)

UNITED STATES of America, Plaintiff, v. Javier OZUNA-FUENTES, Defendant.

United States District Court, D. New Mexico.

April 2, 1991.

Attorney(s) appearing for the Case

Robert Gorence, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff.

Teresa Storch, Asst. Federal Public Defender, Albuquerque, N.M., for defendant.

MEMORANDUM OPINION AND ORDER

BURCIAGA, District Judge.

THIS COURT previously granted Defendant's motion to suppress evidence obtained as the result of a canine sniff of his vehicle. The Court of Appeals for the Tenth Circuit reversed. United States v. Morales-Zamora, 914 F.2d 200 (10th Cir. 1990). In its opinion, the court observed that this Court had assumed that the alleged purpose of the roadblock was valid. It...

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