United States v. Fernandez, No. 20-2106 (10th Cir. 2021)
Annotate this CaseDefendant-appellant Jesus Francisco Fernandez was convicted by jury of possession of methamphetamine with intent to distribute. The methamphetamine was discovered during a search at the Albuquerque Greyhound bus terminal of luggage on a bus on which Fernandez was a passenger. On appeal, Fernandez argued: (1) his conviction was not supported by sufficient evidence that the luggage was his; (2) the search of the luggage by law-enforcement officers violated his Fourth Amendment rights; and (3) he was denied due process by Greyhound’s failure to record or preserve terminal surveillance video, allegedly as the agent of law-enforcement officers. Finding no reversible error, the Tenth Circuit affirmed Fernandez's conviction.
The court issued a subsequent related opinion or order on February 3, 2022.
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