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U.S. v. GARCIA

No. 13-2155.

751 F.3d 1139 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Cruz GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 12, 2014.

Attorney(s) appearing for the Case

James N. Langell , Assistant Federal Public Defender, Office of the Federal Public Defender for the District of New Mexico, Las Cruces, NM, appearing for the Appellant.

Laura Fashing , Assistant United States Attorney ( Steven C. Yarbrough , Acting United States Attorney, with her on the brief), Office of the United States Attorney for the District of New Mexico, Albuquerque, NM, appearing for the Appellees.

Before BRISCOE, EBEL, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

Officer Barton Devos discovered a gun magazine containing ammunition during a protective pat down of Cruz Garcia. A grand jury charged Mr. Garcia with being a felon in possession of ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).

Mr. Garcia moved to suppress evidence of the ammunition on Fourth Amendment grounds, contending the pat down search was unjustified. The district court denied the motion after concluding...

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