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U.S. v. VERA

No. 05-3495.

457 F.3d 831 (2006)

UNITED STATES of America, Appellant, v. Juan Carlos VERA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2006.

Attorney(s) appearing for the Case

Nancy A. Svoboda, Asst. U.S. Atty., argued, Omaha, Nebraska, for appellant.

John C. Vanderslice, Asst. Fed. Public Defender, argued, Lincoln, Nebraska, for appellee.

Before COLLOTON, HEANEY, and GRUENDER, Circuit Judges.

COLLOTON, Circuit Judge.

Juan Carlos Vera was indicted for conspiracy to distribute and possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court granted Vera's motion to suppress evidence seized during a search of his vehicle. The government appeals, and we reverse.

I.

On September 26, 2004, at approximately 7:00 a.m., Deputy Sheriff William Maddux of Seward County, Nebraska, entered a...

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