United States v. Israel Valles-Valencia, United States of America v. Ricardo Vigil Bustamante, United States of America v. Guillermo Soto-Leal

Bustamante and Valles-Valencia (Valles) appeal their conviction of possession of marijuana with intent to distribute. SotoLeal appeals his conviction for conspiracy to distribute marijuana and possession of marijuana with intent to distribute. We reverse Soto-Leal’s conviction for conspiracy and affirm the judgments appealed from in all other respects.

The appellants challenge a number of rulings by the district court, but the principal issue is whether the arrest of the defendants by officers investigating a report of a burglary in progress contaminated all the evidence and compelled its exclusion.

A neighbor, Jerry Hauser, reported to the Pima County Sheriff's Office that two trucks and a truck-trailer rig were parked at a nearby house, the owners of which he understood to be on vacation. Hauser reported that he had seen several men, had questioned one of them, and received evasive answers which caused him to suspect that a burglary was in progress. Officers dispatched in response to the call found the trucks and trailer at the house and saw two men enter the house. Officer Hines then noticed Ruben Cruz-Sinotez and appellant Valles standing next to a truck. Officer Hines…