United States v. Petronio Burgos

WATERMAN, Circuit Judge.

Defendant was indicted in the Southern District of New York on two felony counts. The first charged him with being in violation of 8 U.S.C.A. § 1326 as an alien illegally in the United States after having been deported, the second with illegal possession of cocaine in violation of 21 U.S.C.A. §§ 173 and 174. Defendant pleaded not guilty to both counts and waived a trial by jury. Counts one and two were severed, and trial proceeded upon count two, the narcotics count, alone. Prior to trial defendant moved to suppress as evidence narcotics taken from his hotel rooms. The…