United States Fifth Circuit

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US v. Menchaca-Castruita, 08-40403

Defendant's drug conspiracy conviction is vacated where no exigent circumstances existed to justify the police's failure to obtain a warrant to search defendant's residence, and thus, the district court erred in denying defendant's motion to suppress.

Appellate Information

  • Decided 10/30/2009
  • Published 10/30/2009

Judges

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

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Amy Howell Alaniz (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

  • For Appellees:
  • Marjorie A. Meyers, Fed. Pub. Def., H. Michael Sokolow, Asst. Fed. Pub. Def., Sarah Beth Landau (argued), Fed. Pub. Defender's Office, Houston, TX, for Defendant-Appellant.