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U.S. v. GARCIA

Nos. 93-2195, 93-2634.

23 F.3d 1331 (1994)

UNITED STATES of America, Appellee, v. Jose Luis GARCIA, Appellant. UNITED STATES of America, Appellee, v. Viviano MIRANDA-GARCIA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1994.

Attorney(s) appearing for the Case

Peter Blakeslee, Lincoln, NE, argued (Daniele F. Boyle, Denver, CO, on the brief), for appellant.

Bruce Gillan, Lincoln, NE, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BEAM, Circuit Judge and JACKSON, District Judge.

BEAM, Circuit Judge.

Nebraska State Patrol Trooper Gerald Schenck found cocaine and other evidence of illegal drug commerce in a truck driven by Viviano Miranda-Garcia, in which Jose Luis Garcia was a passenger. Schenck's discovery was made during a search that occurred after Schenck stopped the truck for the second time as it travelled through Nebraska on I-80. Miranda-Garcia and Garcia (collectively "the appellants") were both charged with

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