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UNITED STATES v. COTTO

No. 19-2182.

995 F.3d 786 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Omil COTTO, also known as Omil Gomez, also known as Omil Alfredo Gomez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed April 27, 2021.

Attorney(s) appearing for the Case

Meredith Esser , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with her on the briefs), Office of the Federal Public Defender, Denver, Colorado, for Appellant.

Peter J. Eicker , Assistant United States Attorney ( John C. Anderson , United States Attorney, with him on the brief), Office of the United States Attorney, Albuquerque, New Mexico.

Before TYMKOVICH, Chief Judge, MURPHY, and HARTZ, Circuit Judges.

Omil Cotto was charged with three drug and gun-related offenses stemming from a road rage incident. Prior to trial, Cotto filed a motion to suppress evidence officers had obtained from a residence in Albuquerque, New Mexico. He argued (1) the affidavit supporting the warrant did not provide probable cause for the search of...

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