UNITED STATES v. CHAVIRA

No. 05-3455.

467 F.3d 1286 (2006)

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ISRAEL CHAVIRA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 9, 2006.


Attorney(s) appearing for the Case

Melissa Harrison, Assistant Federal Public Defender, (David J. Phillips, Federal Public Defender, and Ronald Wurtz, Assistant Federal Public Defender, on the briefs), Kansas City, Kansas, for Plaintiff-Appellee.

James A. Brown, Assistant United States Attorney, (and Eric F. Melgren, United States Attorney, on the brief), Topeka, Kansas, for Defendant-Appellant.

Before and Circuit Judges.


KELLY, Circuit Judge.

Defendant-Appellant Jose Israel Chavira entered a conditional plea of guilty to counts 1 and 3 of a three-count indictment, reserving the right to appeal the denial of his motion to suppress. Count 1 charged possession with intent to distribute approximately four kilograms of a mixture containing cocaine hydrochloride, 21 U.S.C. § 841(a)(1), (b)(1)(B), 812 and 18 U.S.C. § 2. Count 3 was a forfeiture count. Mr. Chavira was sentenced...

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