United States v. Villanueva, No. 14-6081 (10th Cir. 2016)
Annotate this CaseFollowing the execution of a search warrant, Florentino Villanueva, Jr., was charged with one count of being a felon in possession of a firearm. The district court denied his motion to suppress the firearm seized during the search. Villanueva entered a conditional plea of guilty pursuant to a written plea agreement, reserving the right to appeal the denial of his motion to suppress and any sentencing enhancement the district court might impose under the Armed Career Criminal Act (ACCA). The district court overruled Villanueva’s objections at sentencing, classified him as an armed career criminal, and sentenced him to 210 months imprisonment. On appeal, Villanueva challenged the validity of the warrant on multiple theories. He argued: (1) that the warrant was not issued by a neutral and detached magistrate; (2) that the documents relied on for the search warrant failed to establish probable cause because there was no showing of a nexus between the items sought and the residence searched and the information relied on to establish probable cause was stale; and (3) that the warrant authorized a general search. Finding no problem with the warrant or error in the proceedings regarding Villanueva's conviction or sentence, the Tenth Circuit affirmed.
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