U.S. v. MAESTAS

No. 92-2220.

2 F.3d 1485 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Carmen Maria MAESTAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 6, 1993.


Attorney(s) appearing for the Case

R. Morgan Lyman, Asst. Federal Public Defender, Las Cruces, NM, for defendant/appellant.

Charles L. Barth, Asst. U.S. Atty., and Don J. Svet, U.S. Atty., Las Cruces, NM, for plaintiff/appellee.

Before SEYMOUR, ANDERSON, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

The defendant-appellant, Carmen Maestas, appeals the district court's denial of her motion to suppress evidence of marijuana found in her car at a fixed Border Patrol checkpoint in New Mexico as well as certain incriminating statements she made while at the checkpoint. She contends that she was subject to a pretextual seizure when she passed through the checkpoint and that this evidence was therefore excludable...

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