United States v. Olivarria

MEMORANDUM OPINION

SHARION AYCOCK, District Judge.

Presently before the Court is a Motion to Suppress [18] filed by Defendant Vera Jeseus Mateo Olivarria. This Court held evidentiary hearings on January 5, 2011, and February 1, 2011, and the parties have submitted additional briefing. In an evidentiary hearing, the Court sits as a finder of fact and must resolve all disputed issues. United States v. Willis, 525 F.2d 657, 659 (5th Cir.1976); see Fed.R.Evid. 104 cmt. (1972) (“To the extent that [admissibility] inquiries are factual, the judge acts as a trier of fact.”). Inherent in this duty to…