United States Fifth Circuit

Defendant's conviction and sentence pursuant to a conditional plea to conspiracy to manufacture methamphetamine are reversed and vacated, respectively, where the initial stage of a two-stage evidentiary search of defendant's residence did not qualify under the good faith exception to the exclusionary rule.

Appellate Information

• Decided 06/06/2006
• Published 06/07/2006

Judges

• WIENER, Circuit Judge:, Before JOLLY, WIENER and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Mark Randolph Stelmach (argued), Asst. U.S. Attys., San Antonio, TX, for U.S., Allen Francis Cazier (argued), San Antonio, TX, for Pope.