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U.S. v. GARCIA

No. 05-4031.

459 F.3d 1059 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jason H. GARCIA, aka Dogg, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 25, 2006.

Attorney(s) appearing for the Case

G. Fred Metos, McCaughey & Metos, Salt Lake City, UT, for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before KELLY, HOLLOWAY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Jason Garcia entered a conditional plea of guilty to possession of methamphetamine with intent to distribute. He now appeals the district court's denial of his motion to suppress, reiterating on appeal his claim that the police lacked reasonable suspicion or probable cause to frisk him for weapons—and thereby discover the methamphetamine—during their entry into an apartment Mr. Garcia was visiting. We conclude that the district court...

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