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U.S. v. WALLACE

No. 04-3435.

429 F.3d 969 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Shawn A. WALLACE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 23, 2005.

Attorney(s) appearing for the Case

Christopher M. McHugh (Stephen M. Joseph with him on the briefs) of Joseph & Hollander, P.A., Wichita, KS, for Defendant-Appellant.

Brent I. Anderson, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), District of Kansas, Wichita, KS, for Plaintiff-Appellee.

Before HENRY, McKAY, and HARTZ, Circuit Judges.

McKAY, Circuit Judge.

The questions in this case revolve around the permissible scope of questioning during a traffic stop. Defendant was convicted of possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and of carrying on an unlawful activity during travel in interstate commerce, in violation of 18 U.S.C. § 1952(a)(3). Defendant filed a pretrial motion to suppress the marijuana...

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