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U.S. v. KENNEDY

No. 96-2290.

131 F.3d 1371 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Keiran George KENNEDY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 3, 1997.

Attorney(s) appearing for the Case

Robert D. Kimball, Assistant United States Attorney, Albuquerque, New Mexico (John J. Kelly, United States Attorney, with him on the brief), for Plaintiff-Appellant.

Peter Schoenburg, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, LLP, Albuquerque, New Mexico, for Defendant-Appellee.

Before ANDERSON, EBEL, and LUCERO, Circuit Judges.

EBEL, Circuit Judge.

Law enforcement officers seized over fifty pounds of marijuana from two suitcases carried by Defendant-Appellee Kieran George Kennedy after obtaining a search warrant based in part on a narcotics canine alert. Kennedy was indicted for possession with intent to distribute marijuana. The affidavit supporting the warrant described the drug dog as trained and certified to detect narcotics. However, the drug dog's handler had

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