063763P.pdf   07/15/2008  USA  v.  Misael Benitez
   U.S. Court of Appeals Case No:  06-3763
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Wollman, Author, with Bright and John R. Gibson,
   Circuit Judges]
   Criminal case - Criminal law. For the court's prior opinion in the case
   see United States v. Benitez, 244 Fed.Appx. 64 (8th Cir. 2007). On
   remand, the district court conducted a de novo review of the magistrate's
   suppression order and reaffirmed its earlier order denying defendant's
   motion to suppress. Initial traffic stop was valid and was not unduly
   prolonged; district court did not err in finding defendant had knowingly
   and voluntarily consented to the search of the vehicles; no error in
   admitting evidence of defendant's prior conviction for possession of
   cocaine, as the conviction was not remote in time and went to knowledge
   and intent; evidence was sufficient to support conviction for conspiracy
   to distribute methamphetamine.
  
 
063763U.pdf   08/06/2007  USA  v.  Misael Benitez
   U.S. Court of Appeals Case No:  06-3763
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bright and John R.
   Gibson, Circuit Judges]
   Criminal case - criminal law and sentencing. There is evidence in the
   record to support defendant's claim that the district court failed to
   undertake a de novo review of the magistrate judge's report and
   recommendation on his motion to suppress, and the matter remanded to
   the district court to permit it to conduct the necessary review; the 
   court retains jurisdiction over the appeal.