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U.S. v. CHEROMIAH

No. 05-2168.

455 F.3d 1216 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Nina Lynn CHEROMIAH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 2, 2006.

Attorney(s) appearing for the Case

Michael W. Lilley (Jess R. Lilley on the brief), Lilley Law Offices, Las Cruces, NM for the Defendant-Appellant.

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

Before LUCERO, EBEL, and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Nina Cheromiah pled guilty to conspiring to possess with the intent to distribute 50 kilograms or more of marijuana. Cheromiah was a passenger in a van stopped by a Border Patrol agent near the Mexico-New Mexico border on a road known to be used by smugglers to avoid immigration checkpoints. While the Border Patrol agent determined that the van's passengers were United States citizens, he also detected the odor of dryer sheets, a product sometimes...

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