United States v. Laura Michelle Morning, United States of America v. Francisco Ignacio Leon-Yanez

Francisco Leon-Yanez conditionally pled guilty to conspiracy and to possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 841 (a)(1), 846. Laura Michelle Morning conditionally pled guilty to misprision of Leon-Yanez’s possession with intent to distribute felony. 18 U.S.C. § 4 . Both reserved the claim that evidence should have been suppressed because it was seized without a warrant and without consent. Both now appeal on that ground, and Morning also asserts that a prior conviction was improperly used in setting her criminal history score under the United States Sentencing Guidelines. We affirm.

BACKGROUND

In June of 1993, federal agents received information from a confidential source that a man named “Pancho” and a woman had marijuana at a particular residence. Border Patrol Agent Salim Dominguez and DEA Special Agent Mike Groseelose approached the front door of the residence and knocked. Morning answered the door. Agent Dominguez informed her that he and the other agents were conducting a narcotics investigation and suspected that there may be narcotics on the premises. He also asked Morning for permission to search the residence, but Morning replied that…