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U.S. v. BENITEZ-ARREGUIN

No. 91-4040.

973 F.2d 823 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus BENITEZ-ARREGUIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Order on Rehearing September 3, 1992.

Attorney(s) appearing for the Case

G. Fred Metos, Salt Lake City, Utah, for defendant-appellant.

Mark K. Vincent, Asst. U.S. Atty., Salt Lake City, Utah (David J. Jordan, U.S. Atty., with him on the brief), for plaintiff-appellee.

Before LOGAN and HOLLOWAY, Circuit Judges, and CONWAY, District Judge.

HOLLOWAY, Circuit Judge.

This is an appeal from a conviction under 21 U.S.C. § 841(a)(1) for possession of heroin with intent to distribute. The defendant was convicted on a jury verdict of guilty as to Count I of the indictment. He was sentenced for a term of 63 months of imprisonment, to be followed by five years of supervised release, and a $50 special assessment. Defendant appeals, claiming error in the denial of a motion to suppress evidence including the...

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