U.S. v. CANO

No. 06-10940.

519 F.3d 512 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Lucero CANO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 10, 2008.


Attorney(s) appearing for the Case

Delonia Anita Watson, Fort Worth, TX, for U.S.

Aaron Ray Clements, Hurley, Reyes & Guinn, Lubbock, TX, for Lucero Cano.

Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

A jury convicted Benjamin Cano of conspiracy to possess with intent to distribute and possession with intent to distribute five kilograms or more of cocaine. Cano appeals the denial of his pre-trial motion to suppress evidence and his post-trial motion to proceed pro se at sentencing. We affirm the conviction, vacate the sentence, and remand for re-sentencing.

I.

On January 20, 2006, James Laird, a deputy sheriff...

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