United States Tenth Circuit

A conviction for conspiracy to possess with the intent to distribute marijuana is affirmed over a claim of erroneous denial of a motion to suppress where, under the totality of the circumstances, a border patrol agent had reasonable suspicion both to stop a van defendant was riding in and to detain its occupants pending a search of the vehicle.

Appellate Information

• Decided 08/02/2006
• Published 08/03/2006

Judges

• LUCERO, Circuit Judge., Before LUCERO, EBEL, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael W. Lilley (Jess R. Lilley on the brief), Lilley Law Offices, Las Cruces, NM for the Defendant-Appellant., Laura Fashing, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Albuquerque, NM, for the Plaintiff-Appellee.