USA v. Arianne Rodriguez, No. 12-15078 (11th Cir. 2013)
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Case: 12-15078 Date Filed: 09/23/2013 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-15078 ________________________ D.C. Docket No. 8:11-cr-00633-MSS-MAP-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ARIANNE RODRIGUEZ, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (September 23, 2013) Before BARKETT, MARCUS, and HILL, Circuit Judges. PER CURIAM: Arianne Rodriguez appeals his convictions for conspiracy to possess (Count One), and possession with the intent to distribute (Count Two) 100 kilograms or Case: 12-15078 Date Filed: 09/23/2013 Page: 2 of 3 more of marijuana, in violation of 21 U.S.C. ยงยง 841(a)(1), (b)(1)(B), 846. On appeal, Rodriguez argues that the district court erred in denying his motion to suppress all drug-related evidence, which law enforcement officers seized during the warrantless entry into his garage. He also argues that the evidence was insufficient to support his convictions. The district court denied Rodriguez s motion to suppress on the basis of the government s argument that exigent circumstances justified the warrantless search and seizure at his residence. After careful review of the record and the briefs, and the benefit of oral argument of the parties, we find no reversible error and AFFIRM. 2 Case: 12-15078 Date Filed: 09/23/2013 Page: 3 of 3 BARKETT, Circuit Judge, dissenting: I believe the district court erred in denying the motion to suppress under the facts of this case. 3
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