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U.S. v. PACK

No. 08-41063.

612 F.3d 341 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Andrew PACK, II, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 15, 2010.

Attorney(s) appearing for the Case

Laurel Franklin Coan, Jr., Asst. U.S. Atty. (argued), Tyler, TX, for Plaintiff-Appellee.

Denise S. Benson, Asst. Fed. Public Def. (argued), Sherman, TX, Amy R. Blalock, Tyler, TX, for Defendant-Appellant.

Before GARWOOD, DAVIS and DENNIS, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant, Kevin Andrew Pack II (Pack), was charged with possession with intent to distribute 17.91 pounds of marihuana in violation of 21 U.S.C. § 841(a)(1) and using, possessing, and carrying a Luger pistol during, in relation to, and in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Pack filed a motion to suppress the marihuana and the pistol, arguing that this evidence was tainted by an...

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