Javier Villar v. United States
CriminalProcedure
Whether the district court and the court of appeals erred in denying the defendant's motion to suppress evidence
QUESTION PRESENTED FOR REVIEW (1) Whether the District Court and the Court of Appeals erred in denying the Defendant's motion to suppress evidence located in the Appellant's residence when there was a lack of probable cause to believe that contraband would be located in his home. (2) Whether the District Court and subsequently the Circuit Court erred in denying the Appellant's motion to strike sentencing enhancement pursuant to U.S.S.G. 2D1.1(b)1 when the Defendant was not in possession of a firearm as intended by the Sentencing Guidelines. ili (3) Whether the District Court, and subsequently the Circuit Court erred in attaching a _ sentencing enhancement pursuant to U.S.S.G. 3B1.1(b), when the Defendant did not have a "managerial role in the offense" when looking at the factors set forth by the Sentencing Commission.