United States v. Juan Angel Huguez-Ibarra, United States of America v. Dagobastro Olivarria-Palacios

Appellants Juan Huguez-Ibarra and Da-gobastro Olivarria-Palacios appeal their convictions for conspiracy to possess with intent to distribute and possession with the intent to distribute 500 grams or more but less than five kilograms of cocaine in violation of 21 U.S.C. §§ 846 , 841(a)(1), and 841(b)(l)(B)(ii)(II). They were tried as co-defendants and their appeals have been consolidated.

They appeal the district court’s denial of their motions to suppress. Both also claim that the district court erred when it denied their motions to exclude from evidence notebooks found in their residence. Hu-guez-Ibarra alone alleges the district court erred when it allowed a receipt for the purchase of an automobile, found in the residence, to be admitted into evidence. Furthermore, Huguez-Ibarra challenges the district court’s denial of his motion for a mistrial or continuance based on the late disclosure of evidence. Finally, Huguez-Ibarra argues that the district court erred when it denied his proposed jury instruction on a so-called “lesser included offense.”

We conclude that the government agents lacked probable cause for their warrantless entry into Appellants’ residence. The evidence…