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U.S. v. GOMEZ-MORENO

No. 05-20921.

479 F.3d 350 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Delia GOMEZ-MORENO, also known as Delia Moreno Gomez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 12, 2007.

Attorney(s) appearing for the Case

John Richard Berry (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Gerald Robert Fry (argued), Houston, TX, for Gomez-Moreno.

Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Delia Gomez-Moreno appeals the district court's denial of her motion to suppress evidence obtained during a search of her residence for illegal aliens. Because the federal agents and police officers impermissibly created the conditions that they deemed to be exigent circumstances for warrantless entry into the residence, and because Gomez-Moreno's consent for a second search of the residence was not an independent act of free will, we...

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