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U.S. v. MERCADO-NAVA

No. 06-40154-01-SAC.

486 F.Supp.2d 1271 (2007)

UNITED STATES of America, Plaintiff, v. Rafael MERCADO-NAVA, Defendant.

United States District Court, D. Kansas.

April 12, 2007.

Attorney(s) appearing for the Case

Randy M. Hendershot, Office of United States Attorney, Topeka, KS, for Plaintiff.

Marilyn M. Trubey, Office of Federal Public Defender, Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

CROW, Senior District Judge.

This case comes before the court on two suppression motions filed by the defendant, which the government opposes. An evidentiary hearing was held on March 14, 2007, at which the sole evidence offered was the testimony of Trooper Epperly, whom the court finds to be a credible witness.

Facts

On December 9, 2006, defendant was driving a tractor-trailer on Interstate 70 in Wabaunsee...

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