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[DO NOT PUBLISH]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
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No. 12-15078
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D.C. Docket No. 8:11-cr-00633-MSS-MAP-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ARIANNE RODRIGUEZ,
Defendant - Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(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. §§ 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.
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BARKETT, Circuit Judge, dissenting:
I believe the district court erred in denying the motion to suppress under the
facts of this case.
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