This case is solely about a question of fact, namely consent. US v. Delgado-Salazar

This case is solely about a question of fact, namely consent. The question before us is whether the district court clearly erred when it found Defendant Delgado-Salazar voluntarily consented to a DEA agent’s search of his luggage aboard an Amtrak train passing through Albuquerque. In a thorough opinion denying Defendant’s motion to suppress evidence of the methamphetamine uncovered during the search, the district court held the Government met its burden of proving the voluntary nature of Defendant’s consent by proffering clear and positive testimony that his consent was (1) unequivocal and specific, (2) freely and intelligently given, and (3) not the result of implied or express duress or coercion. United States v. Delgado-Salazar, 487 F. Supp. 3d 1092, 1113 (D.N.M. 2020) (citing United States v. McRae, 81 F.3d 1528, 1537 (10th Cir. 1996)). Defendant subsequently entered a conditional plea of guilty to possession of 500 grams or more of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). After the district court sentenced Defendant to 12 months and one day in prison, he timely appealed. Our jurisdiction arises under 28 U.S.C. § 1291. We affirm


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