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United States of America v. Ion Datcu

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Submitted: November 18, 2010

Before MURPHY, SMITH, and BENTON, Circuit Judges.

Ion Datcu and another man were arrested after police investigated a concerned citizen’s tip that two men were engaging in suspicious activity by two banks in Maplewood, Minnesota. A search of the two men, their rental vehicle, and their hotel room revealed numerous tools associated with fraud and identity theft. Datcu pled guilty to conspiring to possess device making equipment and aiding and abetting aggravated identity theft while reserving the right to raise Fourth Amendment challenges to the evidence gathered by the police. The district court denied his motion to suppress and sentenced Datcu to 75 months in prison. Datcu appeals the denial of his motion to suppress and a four level sentencing enhancement imposed under U.S.S.G. § 2B1.1(b)(2)(B). We affirm.

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