Torres

United States v. Torres

Good Law
216 F. App'x 669
United States Court of Appeals for the Ninth CircuitJanuary 5, 2007No. 06-30306California513 words

Opinion

Lead Opinion

MEMORANDUM **

Marcus Anthony Torres appeals the district court’s denial of his suppression motion and its application of a four-level enhancement for possession of a firearm in connection with another felony offense. We affirm.

Our review of the record convinces us that Mr. Torres’s act of showing the police the guns’ locations did not stem from any illegal governmental activity. 1 See New York v. Harris, 495 U.S. 14, 18 , 110 S.Ct. 1640 , 109 L.Ed.2d 13 (1990). The evidence indicates that Mr. Torres’s will was not “overborne” when he led officers to the guns, but rather that he was responding to the suggestion of his girlfriend, Ms. Huerta, that he cooperate. See Juan H. v. Allen, 408 F.3d 1262, 1273 (9th Cir.2005); Henry v. Kernan, 197 F.3d 1021, 1027-28 (9th Cir.1999); United States v. Leon Guerrero, 847 F.2d 1363, 1366 (9th Cir.1988). It was Torres’s independent act, which did not stem from any government illegality, that allowed the police to obtain the gun. Because this act was not sufficiently related to the prior protective sweep, nor to Huerta’s consent to search the house, we need not reach the issue of whether those acts were lawful. See United States v. Crawford, 372…

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