United States v. Christopher Paul Cusumano, United States of America v. Robert William Porco

ON REHEARING EN BANC

BALDOCK, Circuit Judge.

Defendants Christopher Paul Cusumano and Robert William Porco entered conditional pleas of guilty to manufacturing marijuana, 21 U.S.C. § 841(a)(1), and reserved their right to appeal the district court’s denial of their motion to suppress. The district court sentenced each Defendant to thirty-months imprisonment. On appeal, Defendants contend that the affidavit in support of the search warrant issued against their residence contained improper information drawn from the warrantless use of a thermal imager. Defendants tell us that a thermal imager…