United States Fifth Circuit

Defendant's conviction for conspiracy to distribute marijuana is affirmed where: 1) the district court correctly denied a motion to suppress as it did not err in finding that a protective sweep was an appropriate reaction to exigent circumstances which agents did not create; and 2) there was no abuse of discretion in admitting evidence of his prior arrest on grounds that he opened the door to such testimony.

Appellate Information

• Decided 12/12/2006
• Published 12/13/2006

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JOLLY, DAVIS and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Randolph Stelmach, Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee., Alberto M. Ramon (argued), Law Office of Alberto M. Ramon, Eagle Pass, TX, for Defendant-Appellant.