United States v. Misael Benitez

Misael Benitez was convicted of possessing and conspiring to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § § 841(a)(1) and 846. The district court sentenced him to 135 months’ imprisonment. Benitez appeals from his conviction and his sentence. We remand the case for further proceedings.

I

On May 26, 2006, a hearing on Benitez’s motion to suppress evidence was conducted before a magistrate judge, subsequent to which the magistrate judge issued a report and recommendation in which she made factual findings and recommended that Benitez’s motion be denied. Benitez…