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U.S. v. PAYNE

Nos. 95-4136, 95-4195.

119 F.3d 637 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Ervin PAYNE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Christopher FOSTER, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1997.

Attorney(s) appearing for the Case

Charles E. Kirksey, Jr., St. Louis, MO, argued, for Defendant-Appellant Payne.

Shawn R. Perez, Dana Point, CA, argued, for Defendant-Appellant Foster.

James C. Delworth, Asst. U.S. Atty., St. Louis, MO, argued, for Plaintiff-Appellee.

Before LOKEN, JOHN R. GIBSON, and MORRIS S. ARNOLD, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

A jury convicted Christopher Foster and Thomas Ervin Payne of conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Foster appeals arguing that: (1) the district court1 erred in denying his motion to suppress evidence seized without a warrant; (2) there was no probable cause for his warrantless...

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