US v. Vasquez, No. 07-2796 (10/8/08). This is really strange. The First seems not be taking any of this appeal seriously, and is almost mocking of the defense. Apparently the defendant is making an argument that something should be suppressed. So, the First says that there was enough evidence that something shouldn’t be suppressed. Whatever. The opinion ends with this silly line, “Defense counsel on appeal is entitled to search the record for such unpreserved claims and call such claims to our attention, but they do not in this instance warrant separate discussion.” The trick, you see, is to make sure that you have a big name making the arugments.
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