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U.S. v. HUTCHINGS

Nos. 96-4171, 96-4172

127 F.3d 1255 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Shirley Ellen HUTCHINGS and Kenneth Orville Hutchings, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 21, 1997.

Attorney(s) appearing for the Case

Jerold D. McPhee, Salt Lake City, UT, for Defendants-Appellants.

Bruce C. Lubeck, Assistant U.S. Attorney (Scott M. Matheson, Jr., U.S. Attorney, with him on the brief), Office of the U.S. Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Before TACHA, McKAY, and MURPHY, Circuit Judges.

TACHA, Circuit Judge.

Defendants Kenneth and Shirley Hutchings each plead guilty to one charge of manufacturing marijuana in violation of 21 U.S.C. § 841(a)(1), and were each sentenced to forty months imprisonment and a five-year supervised release. They appeal from the district court's denial of their motion to suppress evidence. The defendants claim that law enforcement officers collected evidence against them in a manner prohibited by both the Posse Comitatus...

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