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U.S. v. SANTANA-GARCIA

No. 00-4087.

264 F.3d 1188 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Jose De Jesus SANTANA-GARCIA and Gonzalo Alonso Ruiz-Tovar, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 5, 2001.

Attorney(s) appearing for the Case

Michael P. Kennedy, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the brief), Salt Lake City, Utah, for Plaintiff-Appellant.

Stephen R. McCaughey, Salt Lake City, Utah, for Defendant-Appellee Jose de Jesus Santana-Garcia.

G. Fred Metos, Salt Lake City, Utah, for Defendant-Appellee Gonzalo Alonso Ruiz-Tovar.

Before BALDOCK, McWILLIAMS, and ANDERSON, Circuit Judges.

BALDOCK, Circuit Judge.

After a traffic stop of Defendants Jose de Jesus Santana-Garcia and Gonzalo Alonso Ruiz-Tovar, a Utah State Trooper uncovered drugs during a search of their vehicle. A federal grand jury charged Defendants in a three-count indictment with (1) possessing 500 or more grams of methamphetamine in violation of 21 U.S.C. § 841(a)(1); (2) possessing 500 or more grams of cocaine in violation of 21 U.S.C. § 841(a)(1); and (3) eluding examination...

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