United States v. Gomez

JERRY E. SMITH, Circuit Judge:

Javier Gomez challenges his conviction of conspiracy, possession of marihuana with intent to distribute, and maintaining a place for the purposes of possession and distribution of marihuana. We vacate and remand.

I

Customs agents received a tip that a rental truck was parked outside Gomez’s residence in El Paso, Texas. The agents previously had received information suggesting the house was being used as a narcotics “stash house.”

When the agents arrived at Gomez’s house, he refused them permission to search inside but consented to a search of the garage. When asked…