U.S. v. AGUIRRE

No. 10-50999.

664 F.3d 606 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Sherry AGUIRRE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 2011.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Elizabeth Berenguer (argued), Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

Margaret Loraine Schmucker (argued) (Court-Appointed), Austin, TX, for Defendant-Appellant.

Before JOLLY, HIGGINBOTHAM and SOUTHWICK, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Sherry Aguirre was convicted of using a communications facility to facilitate a drug trafficking crime in violation of 21 U.S.C. § 843(b). On appeal Aguirre challenges the district court's denial of her motion to suppress evidence, claiming that the search and seizure of her cell phone was tainted by law enforcement officers' illegal entry into a home where she was a guest. We conclude that the officers' entry was justified...

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