United States v. Aispuro-Aristegui, No. 11-2017 (10th Cir. 2011)
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Defendant Jorge Eraldo Aispuro-Aristegui pled guilty to conspiracy and possession of heroin with the intent to distribute. His plea reserved his right to appeal the district court's denial of his motion to suppress. Defendant did not challenge the district court's factual findings. Rather, he argued that there was no probable cause because drug enforcement agents (1) knew only that Defendant came to the bus station to give a third-party a ride ("a completely innocent and legal activity"), and (2) had no reason to trust that third-party and therefore had no reliable information linking him with Defendant in illicit activity. The Tenth Circuit was not persuaded, and affirmed the district court's judgment.
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