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Submitted: September 24, 2010

Before BYE, BEAM, and SMITH, Circuit Judges.

Harold Webster appeals his conviction for one count of conspiracy to distribute at least fifty grams of cocaine base in violation of 21 U.S.C. §§ 841(b)(1)(a) and 846, for which he was sentenced to 240 months’ imprisonment. Webster first contends the district court*fn1 erred in denying his motion to suppress because there was no probable cause for his arrest and all evidence obtained from the arrest and subsequent search was unlawfully seized as a result. Webster also argues the court erred in denying his motion to dismiss because his due process rights were violated when state officials destroyed evidence in the case while it was still pending in federal court. We affirm.

 
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