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U.S. v. FERNANDEZ

No. 93-4011.

18 F.3d 874 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Edelmiro Augustin FERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 11, 1994.

Attorney(s) appearing for the Case

Edward K. Brass, Salt Lake City, UT, for defendant-appellant.

Scott M. Matheson, Jr., U.S. Atty., and Kevin L. Sundwall, Asst. U.S. Atty., Salt Lake City, UT, for plaintiff-appellee.

Before SEYMOUR and MOORE, Circuit Judges, and BROWN, District Judge.

SEYMOUR, Circuit Judge.

Defendant Edemiro A. Fernandez was indicted by a federal grand jury for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1988). Fernandez filed a motion to suppress evidence. After an evidentiary hearing, the magistrate judge recommended denying Fernandez's motion to suppress. The district court adopted the magistrate's Report and Recommendation in its entirety. Fernandez entered a conditional guilty...

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