No. 23-5862

Benancio Castaneda v. United States

Lower Court: Fifth Circuit
Docketed: 2023-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility canine-sniff drug-investigation fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Whether the Fifth Circuit erred in its rulings on the continued detention and canine search

Question Presented (OCR Extract)

question presented is whether the Fifth Circuit erred by holding reasonable suspicion existed for the continued detention based on the narcotics agents’ initial surveillance and on evidence that the driver was nervous, corrected himself when stating his previous location, did not reveal that he had stopped at the surveilled house, and had a prior license suspension for failure to complete a drug-education program. Question 2: The canine sniff went beyond an open-air sniff when the dog put its nose in the interior of the vehicle upon the canine handler’s prompting. At the suppression hearing, the canine handler testified that the dog first alerted under the front of the car before intruding into the vehicle. The question presented is whether the Fifth Circuit erred by viewing the one-minute sniff/search in piecemeal to uphold the intrusion and by deferring to the handler’s testimony when his own testimony, the videotape, and other evidence cast grave doubts on its reliability. Question 3: The defendant stipulated to the facts to support his conviction, accepting responsibility for the offense, and the Government and the probation department agreed he was entitled to a reduction for acceptance of responsibility. The question presented is whether the district court erred by denying appellant’s request for a two-level reduction for acceptance of responsibility because he, at one point and for ten days, changed his mind and requested a jury trial. ii PARTIES Benancio Castaneda is the petitioner, who was the defendant-appellant below. The United States of America is the respondent, who was the plaintiff-appellee below.

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-27
Waiver of right of respondent United States to respond filed.
2023-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)

Attorneys

Benancio Castaneda
Brian Daniel PoeBrian D. Poe, Attorney at Law PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent