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U.S. v. ALCARAZ-ARELLANO

No. 04-3230.

441 F.3d 1252 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo ALCARAZ-ARELLANO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 30, 2006.

Attorney(s) appearing for the Case

Marilyn M. Trubey, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with her on the brief), Topeka, KS, for the Defendant-Appellant.

James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Topeka, KS, for the Plaintiff-Appellee.

Before HENRY, McKAY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

On February 11, 2003, Gerardo Alcaraz-Arellano was indicted in the United States District Court for the District of Kansas on one count of possessing with intent to distribute three kilograms of cocaine and one count of possessing with intent to distribute one kilogram of heroin. See 21 U.S.C. § 841(a)(1). He pleaded guilty to the second count. Before pleading guilty he had moved to suppress...

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