TACHA, Circuit Judge. Defendant Marcos Pena was convicted of possession with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(B), and 18 U.S.C. § 2 (a). Prior to trial, Pena filed a motion to suppress evidence, but the district court denied the m…
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