United States Fifth Circuit

A conviction for possession of a firearm by a convicted felon is affirmed where the district did not clearly err in denying defendant's motion to suppress evidence discovered at his residence while a deputy was executing a warrant for his brother, because the deputy performed due diligence sufficient to support a finding that he reasonably believed that the brother lived at the residence and was inside during the execution of the warrant.

Appellate Information

• Decided 09/05/2006
• Published 09/06/2006

Judges

• CARL E. STEWART, Circuit Judge:, Before KING, STEWART and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Matthew James Rinka (argued), Laredo, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Cynthia Eva Hujar Orr (argued), Goldstein, Goldstein & Hilley, San Antonio, TX, for Barrera.