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U.S. v. CANTU

No. 04-3291.

405 F.3d 1173 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Edmund Xavier CANTU, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 6, 2005.

Attorney(s) appearing for the Case

Brent I. Anderson, Assistant United States Attorney, (and Eric F. Melgren, United States Attorney, on the brief), Wichita, KS, for Plaintiff-Appellee.

Gary W. Owens, Law Office of Falk & Owens, P.A., Wichita, KS, for Defendant-Appellant.

Before SEYMOUR, Circuit Judge, McWILLIAMS, Senior Circuit Judge and KELLY, Circuit Judge.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Edmund Xavier Cantu appeals the district court's denial of a motion to suppress evidence and his subsequent conviction of possession of 100 kilograms or more of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a) and (b)(1)(B). The district court held that the arresting officers had probable cause to detain Mr. Cantu and that subsequent warrants for the search of his car and a residence...

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