U.S. v. SANDOVAL

No. 93-4226.

29 F.3d 537 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel SANDOVAL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 7, 1994.


Attorney(s) appearing for the Case

Loni F. DeLand, McRae & DeLand, Salt Lake City, UT (D. Gilbert Athay with him on the brief), for defendant-appellant.

Scott M. Matheson, Jr., U.S. Atty., and Bruce C. Lubeck, Asst. U.S. Atty., Salt Lake City, UT, for plaintiff-appellee.

Before TACHA, Circuit Judge and McKAY, Senior Circuit Judge and SHADUR, Senior District Judge.


SHADUR, Senior District Judge.

Miguel Sandoval ("Sandoval") was indicted for possessing with the intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). Sandoval filed a motion to suppress the evidence of the cocaine itself on the ground that it had been obtained in violation of his Fourth Amendment rights. After an evidentiary hearing the district court denied that motion (829 F.Supp. 355

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