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U.S. v. GENAO

No. 00-2191.

281 F.3d 305 (2002)

UNITED STATES of America, Appellee, v. Jose GENAO, a/k/a Evaristo Martinez, a/k/a Luis Torres Sandria, a/k/a Luis Sanabria, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 27, 2002.

Attorney(s) appearing for the Case

Martin I. Flax on brief for appellant.

Margaret E. Curran, United States Attorney, Donald C. Lockhart and Stephanie S. Browne, Assistant United States Attorneys, on brief, for appellee.

Before SELYA, Circuit Judge, GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

GIBSON, Senior Circuit Judge.

Searching for drugs with a warrant, Rhode Island police officers found only empty glassine paper packets in Jose Genao's second-floor apartment. Genao signed a consent-to-search form that included the vacant apartment on the third floor. When the police searched that apartment, they discovered 57 packets of heroin and a gun. Genao now appeals from his ensuing convictions for possessing heroin with intent to distribute it, in violation...

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