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U.S. v. GONZALES

No. 91-10561.

979 F.2d 711 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben GONZALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1992.

Attorney(s) appearing for the Case

Jose H. Robles, Tucson, Ariz., for defendant-appellant.

John P. Leader, Asst. U.S. Atty., and Linda A. Akers, U.S. Atty., D.Ariz., Tucson, Ariz., for plaintiff-appellee.

Before: ALARCON, HALL and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

Ruben Gonzales pleaded guilty conditionally to possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1), reserving his claim that the evidence should have been suppressed. The only issue is whether the search of Gonzales's bags during a routine bus sweep violated the Fourth Amendment. The briefing focuses on how to apply the recent United States Supreme Court decision in Florida v. Bostick, ___ U...

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