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U.S. v. CASTELLANOS

No. 09-1456.

608 F.3d 1010 (2010)

UNITED STATES of America, Appellee, v. Jose E. CASTELLANOS, also known as Jose Navarrete, also known as Pescado, also known as Fish, also known as Guillermo Lujan, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 1, 2010.

Attorney(s) appearing for the Case

Stephen C. Moss, Asst. Fed. Public Defender, Kansas City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.

Kathleen D. Mahoney, Asst. U.S. Atty., Kansas City, MO, argued (Matt J. Whitworth, Acting U.S. Atty., on the brief), for appellee.

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

This is the second time this case has come before our court for review. In United States v. Castellanos, 518 F.3d 965 (8th Cir.2008)(Castellanos I), Castellanos appealed the district court's denial of his motion to suppress evidence obtained during a post-warrant search of his residence, claiming the warrant was based upon an unlawful pre-warrant search. We held a portion of the pre-warrant search...

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