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U.S. v. TWISS

No. 96-3831.

127 F.3d 771 (1997)

UNITED STATES of America, Appellee, v. Donald TWISS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 20, 1997.

Rehearing and Suggestion for Rehearing Denied November 25, 1997.

Attorney(s) appearing for the Case

Ted L. McBride, Rapid City, SD, argued (Karen E. Schreier, U.S. Attorney, on the brief), for Appellee.

Steven J. Oberg, Rapid City, SD, argued, for Appellant.

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

Rehearing and Suggestion for Rehearing En Banc Denied November 25, 1997.

MAGILL, Circuit Judge.

Donald Twiss pled guilty to the charge of unlawful possession of marijuana, in violation of 21 U.S.C. § 844 (1994). Twiss's plea of guilty was conditioned on obtaining appellate review of two issues: (1) whether the district court2 erred by not suppressing the evidence obtained from a warrantless...

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