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U.S. v. GASTIABURO

No. 92-5513.

16 F.3d 582 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph GASTIABURO, a/k/a Joe Gastiaburo, a/k/a Joseph Gastiburo, a/k/a Joseph Menendez, a/k/a Joseph Gastibury, a/k/a Robert Julio Gastiaburo, a/k/a Joseph Mendez, a/k/a Joseph Rodriguez, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 8, 1994.

Attorney(s) appearing for the Case

ARGUED: Fred Warren Bennett, Baltimore, Maryland, for Appellant. Russel N. Jacobson, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

ON BRIEF: Kenneth E. Melson, United States Attorney, Marcus J. Davis, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and YOUNG, Senior U.S. District Judge for the District of Maryland, sitting by designation.

OPINION

MURNAGHAN, Circuit Judge:

After pulling over defendant-appellant, Joseph Gastiaburo, for a routine traffic stop, a Virginia State Trooper conducted a warrantless consent search of Gastiaburo's car. The search produced $10,000 cash, drug paraphernalia, and several grams of cocaine base ("crack cocaine"). The state police arrested Gastiaburo and impounded his car.

Five weeks later, after receiving a tip from an acquaintance of Gastiaburo, the...

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