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United States v. Fabian Salas-Torres
Citations: 60 F.3d 837; 1995 U.S. App. LEXIS 25562; 1995 WL 406937Docket: 94-2111
Court: Court of Appeals for the Tenth Circuit; July 11, 1995; Federal Appellate Court
An appeal was made by Fabian Salas-Torres from his conviction for possession of a controlled substance with intent to distribute, violating 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D). Salas was arrested by Border Patrol agents who suspected him of being involved in drug smuggling based on his behavior at a checkpoint. Although a drug-sniffing dog alerted to his vehicle, no contraband was found; however, suspicious items like soap powder and blocks of wood were discovered, indicating possible drug trafficking methods. After being released, Salas drove back towards the checkpoint, raising further suspicion. Agents followed him and observed him interacting with a motor home, which he subsequently followed. A stop of both vehicles led to the discovery of 82 pounds of marijuana in the motor home, along with a warranty in Salas's name. Prior to trial, Salas moved to dismiss or suppress evidence, arguing the agents lacked reasonable suspicion for the stop. The district court denied this motion without a hearing, citing the absence of a compelling basis for such a hearing. At trial, Salas was convicted. On appeal, Salas contended that the evidence was insufficient for a guilty verdict and that the court abused its discretion by not holding a hearing on his motion. The appellate court found the evidence sufficient for conviction and concluded that the district court did not abuse its discretion in denying the hearing, as the totality of circumstances justified the agents' actions. The court affirmed the conviction, stating that the order and judgment is not binding precedent but may be cited under specific conditions. The government's motion to supplement the record was denied as unnecessary for the appeal's resolution.