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U.S. v. MALLARI

No. 03-1145.

334 F.3d 765 (2003)

UNITED STATES of America, Appellee, v. Julmar N. MALLARI, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2003.

Rehearing Denied: August 22, 2003.

Attorney(s) appearing for the Case

Karen M. Shanahan, Omaha, NE, for appellant.

Susan T. Lehr, Asst. U.S. Atty., Omaha, NE, for appellee.

Before RILEY and HEANEY, Circuit Judges, and ERICKSEN, District Judge.

RILEY, Circuit Judge.

After denial of his motion to suppress, Julmar Mallari (Mallari) entered a conditional guilty plea to possession with intent to distribute methylene dioxy methamphetamine, or ecstasy, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C) (2000). The ecstasy was discovered during a traffic stop of Mallari's vehicle. Mallari sought suppression of the ecstasy, arguing the officer lacked either probable cause to believe Mallari committed a traffic...

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