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U.S. v. AUSTIN

No. 94-2161.

66 F.3d 1115 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Dwayne AUSTIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 17, 1995.

Attorney(s) appearing for the Case

Thomas B. Jameson, Assistant Federal Public Defender, Albuquerque, NM, for appellant.

Fred J. Federici, Assistant United States Attorney, Las Cruces, NM, for appellee.

John J. Kelly, United States Attorney for the District of New Mexico, and James D. Tierney, Supervisory Assistant United States Attorney, Albuquerque, NM, on the brief, for appellee.

Before TACHA, SETH, and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

A federal grand jury indicted defendant Timothy Dwayne Austin on September 9, 1993, charging him with possession of drugs with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). Defendant moved to suppress the physical evidence obtained by the police. After the district court denied defendant's motion, he entered a conditional guilty plea reserving his right to appeal the...

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