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U.S. v. ORTIZ

No. 11-4193.

669 F.3d 439 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Lenny Manuel ORTIZ, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 27, 2012.

Attorney(s) appearing for the Case

ARGUED: Jonathan Biran , Office of the United States Attorney, Baltimore, Maryland, for Appellant. Richard Winelander , Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein , United States Attorney, Christopher J. Romano , Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Judge DUNCAN joined.

OPINION

NIEMEYER, Circuit Judge:

After Lenny Ortiz was indicted for two drug trafficking crimes—conspiracy to distribute five kilograms or more of cocaine and possession with intent to distribute five kilograms or more of cocaine—in violation of 21 U.S.C. § 841(a)(1), he filed a motion to suppress the cocaine discovered in and taken from a secret compartment in his vehicle, alleging that the search of the vehicle violated his Fourth Amendment...

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