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U.S. v. USHERY

Nos. 91-5715, 91-5716.

968 F.2d 575 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Charles V. USHERY (91-5716) and Benjamin R. Burton (91-5715), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 18, 1992.

Attorney(s) appearing for the Case

Jacquelyn A. Jess, Asst. U.S. Atty. (argued and briefed), Office of U.S. Atty., Covington, Ky., for plaintiff-appellee.

Robert B. Cetrulo (argued and briefed), Ware, Bryson, West & Bartlett, Edgewood, Ky., for defendant-appellant.

Before MILBURN and SUHRHEINRICH, Circuit Judges, and COHN, District Judge.

SUHRHEINRICH, Circuit Judge.

Benjamin Ross Burton and Charles Vincent Ushery were charged with conspiracy to possess with intent to distribute cocaine (Count 1) and possession with intent to distribute cocaine (Count 2). Both filed motions to suppress evidence that they claimed was obtained in violation of their constitutional rights. After the district court denied both motions, Burton entered a conditional guilty plea to Count 2, allowing him to appeal the denial...

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