In a prosecution for illegal reentry into the U.S. following removal, denial of defendant's motion to suppress is vacated and remanded where the court of appeals could not determine based on the record whether the evidence of defendant's identity needed to be suppressed in light of the police's Fourth Amendment violation in searching defendant's vehicle.
Read US v. Pena-Montes, No. 08-2169
Appellate Information
Filed December 7, 2009
Judges
Opinion by Judge Lucero
Counsel
For Appellant:
Stephen P. McCue, Federal Public Defender, Albuquerque, NM
For Appellee:
Terri J. Abernathy, Gregory J. Fouratt, Office of the United States Attorney for the District of New Mexico, Las Cruces, NM
