United States Tenth Circuit

A conviction and sentence for drug- and firearm-related offenses is affirmed over a claim that the district court erred in denying a motion to suppress evidence, because: 1) a warrant used to search his residence was defective due to a lack of particularity; and 2) a pat-down search of his person impermissibly extended to the contents of a glasses case after it was removed from his pocket.

Appellate Information

• Decided 02/06/2007
• Published 02/06/2007

Judges

• HARTZ, Circuit Judge., Before LUCERO, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and HARTZ, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David J. Kimmelman, El Paso, TX, for Defendant-Appellant., Kelly H. Burnham, Assistant United States Attorney, Las Cruces, NM, (David C. Iglesias, United States Attorney, Albuquerque, NM, and Terri J. Abernathy, Assistant United States Attorney, Las Cruces, NM, on the brief) for Plaintiff-Appellee.