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U.S. v. HORNBECK

No. 96-3615.

118 F.3d 615 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph F. HORNBECK, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1997.

Attorney(s) appearing for the Case

Terry L. Pechota, Rapid City, SD, argued, for Defendant-Appellant.

Ted L. McBride, Assistant U.S. Attorney, Rapid City, SD, argued (Mary P. Thorstenson, Assistant U.S. Attorney, on the brief), for plaintiff-appellee.

Before MAGILL, JOHN R. GIBSON, and MURPHY, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Joseph Hornbeck was charged with possessing marijuana with the intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1994). Hornbeck pled guilty and was sentenced to time served and three years of supervised release. Hornbeck's guilty plea reserved the issues that are the basis of this appeal. These issues are whether the district court1 erred in admitting both the evidence obtained pursuant to...

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