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U.S. v. McDOWELL

No. 11-3337.

713 F.3d 571 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Theodore McDOWELL, a/k/a "Cush," Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 12, 2013.

Attorney(s) appearing for the Case

Branden A. Bell , Bell Folsom, P.A., Olathe, KS, for Defendant-Appellant.

Leon Patton , Assistant United States Attorney ( Barry R. Grissom , United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee.

Before LUCERO, BALDOCK, and TYMKOVICH, Circuit Judges.

BALDOCK, Circuit Judge.

A jury convicted Defendant Theodore McDowell of one count of conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(vii). Prior to trial, Defendant unsuccessfully sought to suppress evidence seized in the house where he was arrested. He now appeals the denial of his motion to suppress as well as two sentencing issues. Exercising jurisdiction pursuant to...

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