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United States v. Carbajal-Iriarte

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Before BRISCOE, McWILLIAMS, and MURPHY, Circuit Judges.

I. Introduction

Pedro Carbajal-Iriarte was charged in a two-count indictment with conspiring to possess with the intent to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. § 846, and possessing with the intent to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). Carbajal-Iriarte moved to suppress evidence recovered from the vehicle he was driving on the grounds his consent was not voluntarily given and the officers exceeded the scope and duration of his consent. The district court denied the motion to suppress and a jury ultimately convicted Carbajal-Iriarte on both counts set out in the indictment. On appeal, he challenges the district court’s refusal to suppress the drug evidence. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM the district court’s decision.

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