Villasenor
United States v. Villasenor
Opinion
Lead Opinion
MEMORANDUM **
Pablo Sereno Villasenor appeals his convictions following a jury trial for manufacture of marijuana, conspiracy to manufacture marijuana, possession of a firearm in furtherance of a drug trafficking offense and conspiracy to possess a firearm in furtherance of a drug trafficking offense. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.
I
The district court properly denied Sereno Villasenor’s motion to suppress the statements he made during the raid on the marijuana grow operation. After conducting the campsite raid and apprehending Sereno Villasenor, the agents had legitimate concerns that there may have been other armed suspects or booby traps in the marijuana garden that posed a risk to their safety. The agents were therefore authorized to ask Sereno Villasenor about those dangers under the “public safety” exception to Miranda. Sereno Villasenor’s initial statements at the Bishop police station were made in response to “routine booking questions,” and thus did not give rise to a Miranda violation. See Pennsylvania v. Muniz, 496 U.S. 582, 601 , 110 S.Ct. 2638 , 110 L.Ed.2d 528 (1990);…