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United States of America v. Stiven F. Polanco

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Before Lynch, Chief Judge, Selya and Thompson, Circuit Judges.

THOMPSON, Circuit Judge. A federal grand jury indicted Stiven Polanco on heroin-trafficking and firearm charges. After the district judge denied Polanco’s motion to suppress a cache of incriminating evidence found in his car and apartment, a jury convicted him on all counts. His appeal presents three questions: Were the searches legal? Was a DEA agent’s testimony about how much heroin an addict could use in a day admissible?*fn1 And was the evidence underpinning his conviction for aiding and abetting the distribution of heroin sufficient? We answer “yes” to these questions and affirm Polanco’s conviction.

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