United States v. Ponce, No. 12-5032 (10th Cir. 2013)
Annotate this CaseJulio Ponce appealed an Oklahoma district court’s denial of his motion to suppress evidence obtained pursuant to a search warrant that Ponce claimed issued without probable cause. A federal grand jury charged Ponce with: (1) Possession of Methamphetamine with Intent to Distribute; (2) Possession of Firearms and Ammunition by an Alien Illegally in the United States; and (3) Maintaining Drug Involved Premises. Ponce moved to suppress the evidence officers seized at his home, arguing that the affidavit supporting the warrant contained “nothing of consequence . . . to provide the necessary probable cause to search [Ponce]’s home.” After his suppression motion was denied, Ponce pled guilty to all three counts of the indictment pursuant to a conditional plea agreement reserving the right to appeal the denial of his motion to suppress. Ponce was sentenced to seventy-eight months of imprisonment. The Tenth Circuit concluded that the executing officers acted in good-faith reliance upon the warrant to search Ponce’s home, and therefore that the district court properly denied Ponce’s motion to suppress the evidence against him.
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