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U.S. v. ORDUNA-MARTINEZ

No. 07-3298.

561 F.3d 1134 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio ORDUNA-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 3, 2009.

Attorney(s) appearing for the Case

Christopher M. Joseph, Joseph & Hollander, P.A., Topeka, KS, for the Defendant-Appellant.

James Brown (with Eric Mehlgren, United States Attorney, on the brief), Office of the United States Attorney, District of Kansas, Topeka, KS, for the Plaintiff-Appellee.

Before HENRY, Chief Judge, SEYMOUR and ANDERSON, Circuit Judges.

HENRY, Chief Judge.

This case presents an unforeseen cost of perhaps vicarious alma mater loyalty. On May 30, 2006, Antonio Orduna-Martinez pleaded guilty to possession of, with intent to distribute, approximately 25 kilograms of cocaine, in violation of 21 U.S.C. § 841(a)(1). Having conditioned his plea on the right to appeal the district court's denial of his motion to suppress, Mr. Orduna-Martinez argues that the sharp-eyed state trooper's initial stop of...

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