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U.S. v. GRIFFITHS

No. 378, Docket 94-1170.

47 F.3d 74 (1995)

UNITED STATES of America, Appellant, v. Norman C. GRIFFITHS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 7, 1995.

Attorney(s) appearing for the Case

James P. Kennedy, Jr., Asst. U.S. Atty., Buffalo, NY (Patrick H. NeMoyer, U.S. Atty., of counsel) for appellant.

William Clauss, Federal Public Defender's Office, Rochester, NY (Michael Petrik, Jr., Law Clerk, Rochester, NY) for defendant-appellee.

Before: MAHONEY, McLAUGHLIN, and HEANEY, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Norman C. Griffiths was taken into custody when he could not prove his immigration status to officials. While he was in custody, officials searched Griffiths' duffel bag and discovered cocaine hidden inside a container. Griffiths was charged with unlawful possession and possession with intent to distribute five grams or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 844(a). He moved to suppress the cocaine...

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