U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

US v. Pena-Montes, No. 08-2169

In a prosecution for illegal reentry into the U.S. following removal, denial of defendant's motion to suppress is vacated and remanded where the court of appeals could not determine based on the record whether the evidence of defendant's identity needed to be suppressed in light of the police's Fourth Amendment violation in searching defendant's vehicle.

Read US v. Pena-Montes, No. 08-2169

Appellate Information

Filed December 7, 2009


Opinion by Judge Lucero


For Appellant:

Stephen P. McCue, Federal Public Defender, Albuquerque, NM

For Appellee:

Terri J. Abernathy, Gregory J. Fouratt, Office of the United States Attorney for the District of New Mexico, Las Cruces, NM