U.S. v. OZUNA

No. 07-2480.

561 F.3d 728 (2009)

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

United States Court of Appeals, Seventh Circuit.

Decided April 6, 2009.


Attorney(s) appearing for the Case

Margaret Schneider (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Beau B. Brindley (argued), Chicago, IL, for Defendant-Appellant.

Before POSNER, KANNE, and ROVNER, Circuit Judges.


KANNE, Circuit Judge.

On July 28, 2003, agents of the Drug Enforcement Agency stopped a tractor-trailer driven by Modesto Ozuna. After searching the trailer, allegedly pursuant to Ozuna's consent, the agents found 200 kilograms of cocaine. Ozuna was later arrested and indicted for possession with the intent to distribute more than five kilograms of cocaine. The district court initially suppressed the evidence from the search because the government had failed to prove...

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