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U.S. v. CARBAJAL-IRIARTE

No. 08-2277.

586 F.3d 795 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro CARBAJAL-IRIARTE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 3, 2009.

Attorney(s) appearing for the Case

James Baiamonte, Albuquerque, NM, for Defendant-Appellant.

David N. Williams, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, McWILLIAMS, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Pedro Carbajal-Iriarte was charged in a two-count indictment with conspiring to possess with the intent to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. § 846, and possessing with the intent to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). Carbajal-Iriarte moved to suppress evidence recovered from the vehicle he was driving...

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