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U.S. v. GARCIA-ZAMBRANO

No. 07-1261.

530 F.3d 1249 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Hector Rene GARCIA-ZAMBRANO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 3, 2008.

Attorney(s) appearing for the Case

Daniel S. Goodman, U.S. Department of Justice, Washington, D.C. (Troy A. Eid, United States Attorney, and James R. Boma, Assistant United States Attorney, District of Colorado, with him on the briefs), for Plaintiff-Appellant.

Michael P. Zwiebel (Harvey A. Steinberg with him on the brief), Springer and Steinberg, P.C., Denver, Colorado, for Defendant-Appellee.

Before MURPHY, McKAY, and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

Defendant was indicted on three counts of possession with intent to distribute certain controlled substances. After conducting a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the district court granted Defendant's motion to suppress evidence seized from his apartment pursuant to a search warrant, ruling that false statements were recklessly included in the search...

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