U.S. v. GWATHNEY

No. 05-2165.

465 F.3d 1133 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Ellwood GWATHNEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 26, 2006.


Attorney(s) appearing for the Case

Laura Fashing, Assistant United States Attorney (David C. Iglesias, United States Attorney, on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

James P. Baiamonte, Albuquerque, NM, for Defendant-Appellant.

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


O'BRIEN, Circuit Judge.

During an inspection of Charles Ellwood Gwathney's commercial truck, Officer James Smid of the New Mexico Motor Transportation Division discovered 152.5 kilograms of marijuana. Gwathney was convicted by a jury of possession of 100 kilograms or more of marijuana, in violation of 21 U.S.C. § 841(b)(1)(B)(vii). He challenges the district court's denial of his motion to suppress evidence obtained from the search, the admission of certain government...

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