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U.S. v. HERNANDEZ

No. 92-2254.

7 F.3d 944 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 15, 1993.

Attorney(s) appearing for the Case

Richard Jewkes, El Paso, TX, for defendant-appellant.

Don J. Svet, U.S. Atty., Presiliano A. Torrez, Asst. U.S. Atty., Albuquerque, NM, for plaintiff-appellee.

Before MCKAY, Chief Judge, ENGEL and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Rafael Hernandez, after entering a conditional guilty plea in district court to possession with intent to distribute more than 500 grams of cocaine, 21 U.S.C. § 841(a)(1), (b)(1)(B), appeals the court's denial of his motion to suppress evidence. Defendant alleges that the district court erroneously denied his motion to suppress because the seizure of his backpack violated the Fourth Amendment. We have jurisdiction under 28 U...

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