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US v. Maynard, 08-3030

Defendants' convictions for conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of cocaine base are affirmed in part where: 1) considering all the circumstances surrounding the stop, a reasonable person in defendant‘s position would have felt free to decline the officer's request that he answer additional questions; and 2) the validity of an earlier indictment was irrelevant here because defendants were charged and tried pursuant to the superseding indictment. However, one defendant's conviction is reversed where it was obtained with evidence procured in violation of the Fourth Amendment through the use of a GPS device.

Appellate Information

  • Decided 08/06/2010
  • Published 08/06/2010


  • Douglas C. Ginsburg


  • United States DC Circuit


  • For Appellant:
  • Sicilia C. Englert, Peter S. Smith

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