United States Tenth Circuit

A conviction for possession with intent to distribute methamphetamine is affirmed where, whatever the constitutional status of the state statute defendant challenged as vague, an arresting officer acted in an objectively reasonable manner and, under Supreme Court precedent, this sufficed to permit the fruits of the search to be used against defendant.

Appellate Information

• Decided 05/08/2007
• Published 05/09/2007

Judges

• GORSUCH, Circuit Judge., Before HENRY, ANDERSON, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.