United States Tenth Circuit

A conviction for possession of marijuana, arising from an inspection of defendant's commercial truck, is affirmed over claims of error regarding denial of a motion to suppress evidence obtained from the search, the admission of certain government evidence, the giving of a "permissive inference" jury instruction, and a denial of his motion for a new trial based on newly discovered evidence.

Appellate Information

• Decided 09/27/2006
• Published 09/27/2006

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, McWILLIAMS and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Laura Fashing, Assistant United States Attorney (David C. Iglesias, United States Attorney, on the briefs), Albuquerque, NM, for Plaintiff-Appellee., James P. Baiamonte, Albuquerque, NM, for Defendant-Appellant.