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U.S. v. SOTO

No. 03-2176.

375 F.3d 1219 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Saul SOTO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 21, 2004.

Attorney(s) appearing for the Case

Todd Hotchkiss of Frechette & Associates, P.C., Albuquerque, NM, for Defendant-Appellant.

Laura Fashing, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before EBEL, HENRY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Defendant Saul Soto conditionally pleaded guilty to conspiracy to possess with intent to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 846. He now appeals the district court's denial of his motion to suppress cocaine found in the truck he was driving and statements he made following his arrest. He contends that his arrest was not supported by probable cause and that his subsequent consent...

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