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U.S. v. DESIR

No. 98-5039.

257 F.3d 1233 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Roosevelt DESIR, a.k.a. Roosevelt Woods, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED July 17, 2001.

Attorney(s) appearing for the Case

Gary Kollin, Fort Lauderdale, FL, for Defendant-Appellant.

Anne Ruth Schultz, Adalberto Jordan, Sally M. Richardson, Suzan H. Ponzoli, Miami, FL, Robert H. Waters, Jr., Asst. U.S. Atty., Fort Pierce, FL, for Plaintiff-Appellee.

Before EDMONDSON, DUBINA and POLITZ, Circuit Judges.

DUBINA, Circuit Judge:

Appellant Roosevelt Desir ("Desir") appeals his conviction for possession of crack cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We affirm in part and reverse in part.

I. BACKGROUND

Prior to trial, Desir filed a motion to suppress evidence obtained in a search of his vehicle. A magistrate judge conducted an evidentiary hearing on the motion to suppress and issued a report and recommendation...

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