United States Eighth Circuit

In a prosecution of two brothers for being illegal aliens in possession of firearms that had been transported in interstate commerce, denial of defendants' motion to suppress evidence is affirmed over claims that the district court erred in: 1) finding that police reasonably relied on the real or apparent authority of defendants' cousin to consent to police entry of their house; 2) finding that other occupants of their house consented to police entering defendants' bedrooms; and 3) its credibility determinations, which allegedly rested on mutually inconsistent findings. However, the matter is remanded for clarification of findings at sentencing with regards to whether defendants possessed the firearms in connection with possession of cocaine.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• JOHN R. GIBSON, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Henri J. Watson, Watson & Dameron, LLC, Kansas City, MO, argued, for appellant Porfirio Almeida-Perez., Cenobio Lozano, Jr., Harrisonville, MO, argued, for appellant, José Almeida-Perez.


• For Appellees:
  
• D. Michael Green, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.