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STATE v. GONZALES

No. 28,693.

247 P.3d 1111 (2010)

2011-NMCA-007

STATE of New Mexico, Plaintiff-Appellee, v. Raymond Miguel GONZALES, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, December 16, 2010, No. 32,684.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Andrea Sassa , Assistant Attorney General, Santa Fe, NM, for Appellee.

Albright Law & Consulting, Jennifer R. Albright , Albuquerque, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} Defendant was charged with three counts of drug trafficking as a result of an investigation carried out by the United States Air Force Office of Special Investigations (OSI) at Cannon Air Force Base (the Base). Defendant moved for dismissal of the charges on grounds that the OSI's investigation violated the federal Posse Comitatus Act (the PCA), 18 U.S.C. § 1385 (1994). As explained in greater detail in the...

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