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U.S. v. TAVERA

No. 11-6175.

719 F.3d 705 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Abel Martinez TAVERA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 20, 2013.

Attorney(s) appearing for the Case

ARGUED: A. Philip Lomonaco , The Law Offices of A. Philip Lomonaco, Knoxville, TN, for Appellant. Donald Wayne Taylor , United States Attorney's Office, Greeneville, TN, for Appellee. ON BRIEF: A. Philip Lomonaco , The Law Offices of A. Philip Lomonaco, Knoxville, TN, for Appellant. Donald Wayne Taylor , United States Attorney's Office, Greeneville, TN, for Appellee.

MERRITT, J., delivered the opinion of the court in which, DONALD, J., joined. CLAY, J. (pp. 13-19), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

Defendant Abel Martinez Tavera was convicted by a jury and sentenced to 186 months of imprisonment for participating in a methamphetamine drug conspiracy. With Tavera as his passenger, co-defendant Placido Mendoza drove a truck for several hours from North Carolina to Tennessee. The truck contained construction equipment and a large quantity of methamphetamine hidden under nails. The police arrested both men after discovering...

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