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U.S. v. ALVARADO

No. 05-4064.

430 F.3d 1305 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Emiliano W. ALVARADO a/k/a Alvarado-Guerra, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 13, 2005.

Attorney(s) appearing for the Case

Stephen R. McCaughey, Salt Lake City, UT, for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney, Paul M. Warner, United States Attorney, District of Utah, Salt Lake City, UT, for Plaintiff-Appellee.

Before BRISCOE, ANDERSON, and O'BRIEN, Circuit Judges.

ANDERSON, Circuit Judge.

Emiliano Alvarado entered a conditional plea of guilty to one count of possessing cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), reserving his right to appeal the district court's denial of his motion to suppress. He now appeals that ruling, arguing that the district court erred in holding that the police stop of his vehicle was reasonable based on a single instance of crossing over the right fog line of the...

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