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U.S. v. McSWAIN

No. 93-4198.

29 F.3d 558 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Nolan McSWAIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 11, 1994.

Attorney(s) appearing for the Case

G. Fred Metos, of McCaughey & Metos, Salt Lake City, UT, for defendant-appellant.

Bruce C. Lubeck (Scott M. Matheson, Jr., U.S. Atty., was with him on the brief), Asst. U.S. Atty., Salt Lake City, UT, for plaintiff-appellee.

Before TACHA and McKAY, Circuit Judges, and SHADUR, District Judge.

TACHA, Circuit Judge.

Defendant-appellant Patrick Nolan McSwain entered a conditional guilty plea under Fed.R.Crim.P. 11(a)(2) to possession of a controlled substance with intent to distribute, 21 U.S.C. § 841(a)(1), and to carrying and using a firearm during and in relation to a drug trafficking offense, 18 U.S.C. § 924(c). Mr. McSwain now brings this appeal challenging the district court's denial of his motion to suppress evidence obtained during a warrantless...

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