United States v. Vazquez, No. 12-1203 (1st Cir. 2013)
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After Defendant sold crack cocaine to an FBI confidential informant, the police searched her home. Based on the evidence obtained from the search, Defendant was convicted of three drug-related offenses and sentenced to seventy-eight months' imprisonment. Defendant appealed, claiming, inter alia, that her consent to the FBI's warrantless search of her home was secured by a false claim that a lawful, warrantless search of her home would be conducted without her consent. The First Circuit Court of Appeals affirmed Defendant's conviction on two of the three offenses and vacated her conviction on the third, holding (1) the district court erred in failing to determine whether there were reasonable grounds to support the claim made to Defendant that a lawful, warrantless search of her home would ensue without her consent; and (2) admission of the results of the search at trial was not harmless as to one of the convictions. Remanded.
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