United States Tenth Circuit
US v. Martinez, 07-4040, 07-4063
Denial of a motion to suppress and one defendant's sentence for drug-related offenses are affirmed where: 1) an initial traffic stop was lawful; 2) the resulting discovery of drugs was inevitable since neither defendant had a valid driver's license and the police would have conducted an inventory search after impounding the car; and 3) the district court did not commit clear error in denying one defendant minor participant status.
Appellate Information
- Decided 01/15/2008
- Published 01/16/2008
Judges
- TYMKOVICH, Circuit Judge., Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Mary C. Corporon, Corporon & Williams, P.C., Salt Lake City, UT, for Appellant Martinez., Ronald J. Yengich, Yengich, Rich & Xaiz, Salt Lake City, UT, filed a brief for Appellant Aguilar-Banuelos.
- For Appellees:
- Stephen J. Sorenson, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with him on the brief), Office of the United States Attorney, Salt Lake City, UT, for Appellee.