Friday, April 29, 2011

US v. Vaquera-Juanes, -- F.3d --, 2011 WL 1532540 (10th Cir. 4/25/11)(NM) - COA declines, on prudential ripeness grounds, to decide procedural challenge to lack of requisite findings pertaining to third party notification supervised release condition. As a removable alien, Mr. Vaquera-Juanes is unlikely to be affected by the condition and review of the merits would waste judicial resources.

US v. Maestas, -- F.3d --, 2011 WL 1534573 (10th Cir. 4/25/11)(NM) - affirmance of district court's denial of motion to suppress. Mr. Maestas lacked a reasonable expectation of privacy in the enclosed garbage storage area in which he placed meth and a gun after being informed that officers had surrounded the residence in which he was a guest. The area used to deposit garbage was shared by tenants from other units and there was no evidence of a familial or other special relationship with those other tenants which might result in a subjective expectation of privacy.

US v. Vasquez, 2011 WL 1533495 (10th Cir. 4/25/11)(unpub)(WY) - district court properly admitted evidence of statements made by Mr. Vasquez and his alleged coconspirators. The coconspirator statements described direct participation in the conspiracy and thus were not hearsay. Mr. Vasquez waived his challenge to admission of his statement by failing to move to suppress it until after it had already been admitted at trial. Physical evidence of cocaine and marijuana was relevant and properly admitted because it was intertwined with the meth conspiracy at issue.