U.S. v. MILLAN-DIAZ

No. 91-2231.

975 F.2d 720 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Marcelino MILLAN-DIAZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 15, 1992.


Attorney(s) appearing for the Case

Kristina L. Ament, Atty., Dept. of Justice, Washington, D.C. (Don J. Svet, U.S. Atty., and Presiliano A. Torrez, Asst. U.S. Atty., Albuquerque, N.M., with her, on the briefs), for plaintiff-appellant.

Rosanne Camunez, Las Cruces, N.M., for defendant-appellee.

Before BALDOCK, SETH, and KELLY, Circuit Judges.


SETH, Circuit Judge.

Defendant, Marcelino Millan-Diaz, was indicted for possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(D). The district court granted Defendant's motion to suppress marijuana found in his car as well as his statements to Border Patrol agents. The United States appeals. We affirm.

On July 9, 1991, at approximately 1:45 a.m., Defendant was stopped by United States Border...

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