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U.S. v. SALAZAR-SAMANIEGA

Nos. 03-2076, 03-2093.

361 F.3d 1271 (2004)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Esequeil SALAZAR-SAMANIEGA, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

March 17, 2004.

Attorney(s) appearing for the Case

Richard A. Winterbottom, Assistant Federal Public Defender (Roger A. Finzel, Assistant Federal Public Defender, on the briefs), Office of the Federal Public Defender, Albuquerque, NM, for Defendant-Appellant/Cross-Appellee.

Tara C. Neda, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee/Cross-Appellant.

Before TYMKOVICH and McWILLIAMS, Circuit Judges, and PAYNE, Chief District Judge.

TYMKOVICH, Circuit Judge.

Esequeil Salazar-Samaniega was arrested in New Mexico for transporting three kilograms of cocaine. Prior to trial, Salazar-Samaniega rejected a conditional plea agreement whereby he could plead guilty and still appeal his unsuccessful motion to suppress evidence. A jury convicted him of possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B).

The district court sentenced Salazar...

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