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Defendants' drug conspiracy convictions are affirmed where the district court correctly refused to suppress illicit drugs discovered in their car during a traffic stop because: 1) the district court's finding that a state trooper had reasonable suspicion to pull defendant over for unsafely passing another vehicle was not clearly erroneous; 2) defendant waived his right to assert certain arguments on appeal in his plea agreement; 3) the officer had reasonable suspicion of defendants' drug activity based on a) defendants' unusual nervousness; b) their improbable travel plans; c) one defendant's criminal history; and d) Las Vegas's reputation as a narcotics source city and Indianapolis's reputation as a drug distribution hub.
Filed October 22, 2009
Opinion by Judge Ebel
B. Kay Huff, Lawrence, KS
Donald R. Hoffman, Hoffman & Hoffman, Topeka, KS
Sangita K. Rao, Eric F. Melgren, David Zabel, Department of Justice, Criminal Division, Appellate Section, Washington, DC