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U.S. v. MARTINEZ

Nos. 07-4040, 07-4063.

512 F.3d 1268 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge MARTINEZ, Defendant-Appellant. and United States of America, Plaintiff-Appellee, v. Adalberto Aguilar-Banuelos, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 15, 2008.

Attorney(s) appearing for the Case

Mary C. Corporon, Corporon & Williams, P.C., Salt Lake City, UT, for Appellant Martinez.

Ronald J. Yengich, Yengich, Rich & Xaiz, Salt Lake City, UT, filed a brief for Appellant Aguilar-Banuelos.

Stephen J. Sorenson, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with him on the brief), Office of the United States Attorney, Salt Lake City, UT, for Appellee.

Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Utah Highway Patrol Trooper Ashton Jeffery stopped Adalberto Aguilar-Banuelos and Jorge Martinez for driving a car registered in California without a front license plate. During his interaction with the occupants, Jeffery became suspicious of possible drug smuggling, asked Aguilar-Banuelos and Martinez whether they had any guns or narcotics in the car, and then asked for consent to search the vehicle. Jeffery searched their car and discovered...

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