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U.S. v. GUTIERREZ-HERMOSILLO

No. 97-2082.

142 F.3d 1225 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Amador GUTIERREZ-HERMOSILLO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 28, 1998.

Attorney(s) appearing for the Case

Barbara A. Mandel, Assistant Federal Public Defender (Ann Steinmetz, Federal Public Defender, with her on the briefs), Las Cruces, NM, for Defendant-Appellant.

Mick I.R. Gutierrez, Assistant United States Attorney (John J. Kelly, United States Attorney for the District of New Mexico, with him on the brief), Las Cruces, NM, for Plaintiff-Appellee.

Before PORFILIO, McKAY, and BRISCOE, Circuit Judges.

McKAY, Circuit Judge.

Mr. Amador Gutierrez-Hermosillo (Defendant) was indicted on one count of violating 21 U.S.C. § 841(a)(1) & (b)(1)(B), possession with intent to distribute 100 kilograms or more of marijuana, and 18 U.S.C. § 2, aiding and abetting. Defendant pled not guilty to these charges. Defendant filed a Motion to Suppress Physical Evidence and Statements, which was denied after a hearing. See R., Vol. I, Doc. 44. After a trial by jury...

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