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U.S. v. MENCHACA-CASTRUITA

No. 08-40403.

587 F.3d 283 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Ariel MENCHACA-CASTRUITA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 2009.

Attorney(s) appearing for the Case

Amy Howell Alaniz (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., H. Michael Sokolow, Asst. Fed. Pub. Def., Sarah Beth Landau (argued), Fed. Pub. Defender's Office, Houston, TX, for Defendant-Appellant.

Before REAVLEY, JOLLY, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellant Ariel Menchaca-Castruita ("Menchaca") was convicted on one count of conspiracy to possess with intent to distribute more than 100 kilograms of marijuana and one count of possession with intent to distribute the same. Menchaca now appeals his conviction, contending that the district court committed clear error by denying his motion to suppress evidence recovered from his residence during a warrantless search. Convinced that...

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