United States v. Barbara Eunice Carrasco, United States of America v. Barbara Eunice Carrasco and German Rivera-Jiminez

INTRODUCTION

This case is a consolidation of two appeals arising from the indictment of Barbara Carrasco and German Rivera-Jiminez for violations of 18 U.S.C. § 371 (conspiring to transport and harbor illegal aliens), and 8 U.S.C. § 1324 (a)(3) (harboring illegal aliens). Carrasco appeals the denial of her motion to suppress evidence pertaining to the first count, and the government appeals the district court’s dismissal of the second count against both Carrasco and Rivera-Jiminez.

FACTS

Before trial, the defendants moved to suppress evidence taken from the home where they were arrested, asserting that the police officers’ warrantless entry of the home violated the Fourth and Fourteenth Amendments. The district court denied the motion.

During the course of plea negotiations, the government attorney offered the defendants a plea agreement that provided that the defendants enter a conditional plea of guilty to count one of the indictment in return for the government moving to dismiss count two. The conditional plea, made pursuant to Fed.R.Crim.P. 11(a)(2), would permit the defendants to appeal the denial of their Fourth and Fourteenth Amendment claims and, if successful, to…