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U.S. v. DELGADO

No. 07-50238.

545 F.3d 1195 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Modesto DELGADO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2008.

Attorney(s) appearing for the Case

Mary F. Prevost, San Diego, CA, for appellant Modesto Delgado.

Lawrence E. Spong, Assistant United States Attorney, San Diego, CA, for appellee United States.

Before: BARRY G. SILVERMAN, JOHNNIE B. RAWLINSON, and MILAN D. SMITH, JR., Circuit Judges.

RAWLINSON, Circuit Judge:

Appellant Modesto Delgado (Delgado) was convicted of possession of cocaine with the intent to distribute based on cocaine found during a warrantless inspection of his commercial truck in Missouri. Delgado challenges the district court's denial of his motion to suppress. Delgado maintains that commercial trucking is not subject to warrantless inspections as a pervasively regulated industry under New York v. Burger, 482...

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