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U.S. v. TAFOYA

No. CR 04-1684 LH.

376 F.Supp.2d 1257 (2005)

UNITED STATES of America, Plaintiff, v. Jerry Anthony TAFOYA, Defendant.

United States District Court, D. New Mexico.

July 7, 2005.

Attorney(s) appearing for the Case

David C. Iglesias, United States Attorney for the District of New Mexico, Roberto D. Ortega, Assistant United States Attorney, Albuquerque, NM, for Plaintiff.

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Jerry A. Tafoya's motion to dismiss the indictment, filed February 8, 2005. The Court held a four-hour evidentiary hearing on Tafoya's motion to suppress on May 24, 2005, at which counsel made arguments on this motion as well. The primary issue is whether Tafoya is an "unlawful user" of a controlled substance within the meaning of 18...

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