United States v. Rebecca Severa Moreno

Rebecca Severa Moreno was convicted by a jury of conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1), of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1) and of possession with intent to distribute heroin in violation of 21 U.S.C. § 841 (a)(1). She appeals. We remand for a hearing.

FACTS

On June 12,1987, as a result of an undercover operation, a combination of local and federal officers executed a search warrant at a house located at 11798 South Elm Avenue, Corruthers, Fresno County, California. They discovered a quantity of cocaine and more than $17,000 in United States currency in the house. Two marked police cars were parked in front of the house and there were a number of unmarked police cars in its vicinity. As the search was going on, Moreno left the road and drove on to the dirt area between the road and the beginning of the yard surrounding the house. She looked at Officer Reyna and then slowly drove off. Reyna pursued her, pulled her over and asked for her identification. Under his questioning she admitted she lived at the South Elm address. He thereupon brought her back to the residence where she was placed…