United States v. Cano

JERRY E. SMITH, Circuit Judge:

A jury convicted Benjamin Cano of conspiracy to possess with intent to distribute and possession with intent to distribute five kilograms or more of cocaine. Cano appeals the denial of his pre-trial motion to suppress evidence and his post-trial motion to proceed pro se at sentencing. We affirm the conviction, vacate the sentence, and remand for re-sentencing.

I

On January 20, 2006, James Laird, a deputy sheriff with the Taylor County Sheriffs Department, stopped a car driven by Cano. As Laird approached the car, he noticed that Cano appeared extremely nervous. He…