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US v. Aguilera, No. 09-3688

By FindLaw Staff on November 17, 2010 1:30 PM

Methamphetamine Conviction and Sentence Affirmed

In US v. Aguilera, No. 09-3688, the court affirmed defendant's conviction and sentence for conspiracy to distribute 50 grams or more of methamphetamine, holding that 1) the district court did not err in concluding that a trooper's warrantless search was permissible under the automobile exception, and the court need not consider whether the search of the vehicle was a valid search incident to arrest; 2) the district court did not abuse its discretion by concluding that no miscarriage of justice resulted from the jury's verdict; and 3) even accepting for purposes of analysis that a defendant seeking safety-valve relief need provide only that information which he subjectively believes is true, the district court did not clearly err in denying relief.


As the court wrote:  "Jorge Osbaldo Aguilera was convicted of conspiracy to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846, and possession with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). The district court denied Aguilera's motions to suppress evidence seized during a traffic stop and for a new trial."

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