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U.S. v. WILLIAM

No. 08-2303.

603 F.3d 66 (2010)

UNITED STATES of America, Appellee, v. Moise WILLIAM, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 22, 2010.

Attorney(s) appearing for the Case

Judith Mizner, Assistant Federal Public Defender, Federal Defender Office, with whom Martin J. Vogelbaum, Assistant Federal Public Defender, Federal Defender Office, was on brief for appellant.

Seth R. Aframe, Assistant United States Attorney, with whom Aixa Maldonado-Quiñones, Assistant United States Attorney, and Michael J. Gunnison, Acting United States Attorney, were on brief for appellee.

Before LYNCH, Chief Judge, BOUDIN, Circuit Judge, and SAYLOR, District Judge.

BOUDIN, Circuit Judge.

On the evening of July 21, 2007, Moise William's car was halted at a sobriety checkpoint on New Hampshire Route 28 manned by Auburn, New Hampshire, police officers. The checkpoint had been authorized by a state judge on petition of the town's police department. All vehicles (except tractor trailers due to parking-space problems) were stopped briefly. When William rolled down the driver's side window, the officer who had approached smelled marijuana...

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