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US v. Mayo, No. 10-1752

By FindLaw Staff on December 13, 2010 1:53 PM

MDMA Convictions Affirmed

In US v. Mayo, No. 10-1752, the court affirmed defendants' convictions for possession with intent to distribute and aiding and abetting the possession with intent to distribute MDMA, where 1) the officer who searched defendants' vehicle had probable cause to believe drug contraband would be found in the minivan when he searched it; 2) the district court did not clearly err in finding that the officers' search of the minivan did not exceed the scope of defendant's consent; and 3) defendant waived certain issues by failing to include them in his motion to suppress.

 

As the court wrote:  "Ryan Braiske and John Mayo were charged with possession with intent to distribute and aiding and abetting the possession with intent to distribute MDMA under 21 U.S.C. §§ 841(a)(1), (b)(1)(C) and 18 U.S.C. § 2. After Braiske and Mayo entered conditional guilty pleas, the district court1 denied their suppression motions. Braiske was sentenced to 140 months and Mayo to 87 months in prison. Both men appeal the denial of their suppression motions. We affirm."

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