United States v. Carlos Garcia and Jose Luis Garcia

FLAUM, Circuit Judge.

Carlos Garcia (“Carlos”) and Jose Luis Garcia (“Jose”) were convicted of a conspiracy to distribute and possess with intent to distribute in excess of 100 kilograms of marijuana. Carlos appeals the denial of his motion to suppress the evidence on the grounds that the police lacked probable cause to stop or search the truck and also that he did not consent to the search. Jose appeals the admission of co-defendant Carlos’ hearsay statements and the refusal by the district court to give his theory of defense instruction. Additionally, Jose appeals his sentencing under base…