United States Tenth Circuit

Denial of defendants' motion to suppress evidence in a prosecution for drug-related offenses is affirmed over their claim that police's entry into a "sideyard" and observations therefrom violated the Fourth Amendment because the sideyard was within the curtilage of their house. One defendant's sentence is reversed where it was error for the district court to use an earlier, unconstitutional conviction in calculating his criminal history category. (Amended)

Appellate Information

• Decided 07/27/2006
• Published 07/27/2006

Judges

• EBEL, Circuit Judge., Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and HENRY, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Hope Eckert, Attorney at Law, LLC (Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, NM, with her on the briefs) for Defendants-Appellants., David N. Williams, Assistant United States Attorney, Albuquerque, NM (David C. Iglesias, United States Attorney for the District of New Mexico, with him on the brief) for Plaintiff-Appellee.