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U.S. v. WAUGH

No. 18-7062.

950 F.3d 665 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Nowlin Lee WAUGH, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED December 17, 2019.

Attorney(s) appearing for the Case

Christopher Wilson , Assistant United States Attorney ( Brian J. Kuester , United States Attorney; Linda A. Epperley , Assistant United States Attorney, with him on the brief), Muskogee, Oklahoma, for Plaintiff-Appellee.

Dean Sanderford , Office of the Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Denver, Colorado, for Defendant-Appellant.

Before CARSON, BALDOCK, and EBEL, Circuit Judges.

On March 23, 2018, Defendant Nowlin Lee Waugh, Jr. was driving on Interstate 40 in Eastern Oklahoma when Oklahoma Highway Patrol Trooper Aaron Lockney observed his vehicle cross over the fog line. Believing the driver was fatigued, texting, or under the influence of drugs or alcohol, Trooper Lockney initiated a traffic stop...

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