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U.S. v. ECKHART

Nos. 07-4126, 07-4022.

569 F.3d 1263 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. David A. ECKHART, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Juan Perez Cardenas, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 29, 2009.

Attorney(s) appearing for the Case

Brett Tolman, United States Attorney, and Diana Hagen, Assistant United States Attorney, Office of the United States Attorney for the District of Utah, Salt Lake City, UT, for Plaintiff-Appellee.

Steven B. Killpack, Utah Federal Defender, and Scott Keith Wilson, Assistant Federal Defender, Utah Federal Defender's Office, Salt Lake City, UT, for Defendant-Appellant Eckhart.

Mary C. Corporon of Corporon & Williams, Salt Lake City, UT, for Defendant-Appellant Cardenas.

Before O'BRIEN, TYMKOVICH and HOLMES, Circuit Judges.

O'BRIEN, Circuit Judge.

Juan M. Perez Cardenas and David A. Eckhart were stopped because the license plate on their truck was not visible to a police officer traveling in the adjoining lane. After twenty-seven minutes of questioning, they consented to a search of their vehicle, which revealed 1,027 grams of cocaine and 213 grams of methamphetamine. Charged with possession of a controlled substance with intent to distribute, they filed motions to suppress, which were...

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