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U.S. v. PIPES

Nos. 97-1074, 97-1493.

125 F.3d 638 (1997)

UNITED STATES of America, Appellee, v. Roderick S. PIPES, Appellant. UNITED STATES of America, Appellee, v. LaSalle N. WALDRIP, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 11, 1997.

Rehearing Denied November 5, 1997.

Attorney(s) appearing for the Case

Michael J. Hansen, Lincoln, NE, argued (Stephen A. Burt, on the brief), for appellant Pipes.

David R. Stickman, Assistant Federal Public Defender, Omaha, NE, argued, for appellant Waldrip.

Richard E. Rothrock, Assistant U.S. Attorney, Lincoln, NE, argued, for appellee.

Before MURPHY and HEANEY, Circuit Judges, and BOGUE, District Judge.

Rehearing Denied in No. 97-1493 November 5, 1997.

HEANEY, Circuit Judge.

Roderick S. Pipes and LaSalle N. Waldrip appeal from their convictions for possession of cocaine base with intent to distribute, arguing that the search of their rental car violated the Fourth Amendment. Additionally, Pipes challenges the district court's finding that he failed to make a threshold showing that the government acted irrationally in refusing to file a motion for downward...

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