United States v. Maria Corral Garcia

GEWIN, Circuit Judge:

I

Mrs. Garcia appeals from a judgment of conviction under 21 U.S.C. § 841(a) 1 for possessing with intent to distribute approximately two pounds of heroin. After a bench trial, Mrs. Garcia was found guilty and sentenced to ten years imprisonment with a special parole term of five years. She raises two principal issues on this appeal: (1) whether the court erred in allowing statements allegedly elicited in violation of Miranda 2 to be used to support a search; (2) whether a motion to suppress evidence was erroneously denied.

Her second issue is based upon the premise that…