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U.S. v. CASTENEDA

No. 91-2315.

951 F.2d 44 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Danny Reuben CASTENEDA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 3, 1992.

Attorney(s) appearing for the Case

Jose Luis Ramos, Rio Grande City, Tex., for defendant-appellant.

Joseph A. Porto, Paula C. Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN and POLITZ, Circuit Judges, and FELDMAN, District Judge.

FELDMAN, District Judge:

Danny Reuben Castenada was convicted on his guilty plea and sentenced for possession with intent to distribute more than 100 kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1) (1988). As a condition to his plea, Castenada reserved his right to appeal the district court's denial of his motion to suppress the marijuana.

I

At the district court hearing in this case, the evidence showed that at 8:15 p.m. on November...

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