U.S. v. GARCIA

No. 94-2021.

42 F.3d 604 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 9, 1994.


Attorney(s) appearing for the Case

Stephen P. McCue, Asst. Federal Public Defender, Albuquerque, NM, for defendant-appellant.

Robert D. Kimball, Asst. U.S. Atty. (John J. Kelly, U.S. Atty., with him on the brief), Albuquerque, NM, for plaintiff-appellee.

Before ANDERSON and LOGAN, Circuit Judges, and SAFFELS, District Judge.


LOGAN, Circuit Judge.

Defendant Manuel Garcia appeals the denial of his motion to suppress. He entered a conditional guilty plea to possession with intent to distribute less than fifty kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). The only issue on appeal is whether a dog sniff of checked luggage in a train baggage car violates the Fourth Amendment when the government lacks reasonable suspicion before the sniff.

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