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U.S. v. CHUBBUCK

Nos. 93-2068, 93-2097.

32 F.3d 1458 (1994)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Byron Shane CHUBBUCK, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

August 17, 1994.

Attorney(s) appearing for the Case

Jeffrey J. Buckels, Albuquerque, NM, for defendant/appellant.

Rhonda P. Backinoff, Asst. U.S. Atty., Albuquerque, NM (Larry Gomez, U.S. Atty., with her on the brief), for plaintiff/appellee.

Before EBEL, Circuit Judge, BARRETT, Senior Circuit Judge, and McKAY, Circuit Judge.

EBEL, Circuit Judge.

Defendant-Appellant Byron Shane Chubbuck ("Chubbuck") appeals from the district court's denial of his motion to suppress evidence of a methamphetamine lab that law enforcement agents seized during a search of his apartment. Chubbuck claims that the police executed a search warrant without his presence and without exigent circumstances. Subject to his right to appeal the denial of his suppression motion, Chubbuck conditionally pled guilty to three...

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