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U.S. v. STEPHENS

No. 98-10374

206 F.3d 914 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Carl Eugene STEPHENS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2000.

Attorney(s) appearing for the Case

Samantha S. Spangler, Assistant United States Attorney, Sacramento, California (argued), Michael J. Malecek, Assistant United States Attorney, Sacramento, California (brief), for the plaintiff-appellee.

Kevin D. Clymo, Sacramento, California, for the defendant-appellant.

Before: SNEED and PREGERSON, Circuit Judges, and CARTER, District Judge.

Opinion by Judge PREGERSON; Dissent by Judge SNEED.

PREGERSON, Circuit Judge:

Carl Eugene Stephens appeals his conviction for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Stephens contends that the cocaine was discovered as a result of police conduct in violation of the Fourth Amendment. The district court admitted evidence of cocaine found in Stephens's bag over Stephens...

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