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U.S. v. CARRIZALES-TOLEDO

No. 05-2308.

454 F.3d 1142 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Roberto CARRIZALES-TOLEDO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 20, 2006.

Attorney(s) appearing for the Case

Dennis J. Candelaria, Assistant Federal Public Defender, Las Cruces, NM, for the Defendant-Appellant.

Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Las Cruces, NM, for the Plaintiff-Appellee.

Before O'BRIEN, McWILLIAMS, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Jose Roberto Carrizales-Toledo was apprehended near the Mexican border driving a pickup truck containing over 500 pounds of marijuana. During his initial detention, Mr. Carrizales-Toledo made self-incriminating statements to the border patrol agent before and after receiving the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). He entered a conditional plea...

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