Appeal from the United States District Court For the Southern District of Texas
Ana Luisa Ibarra was convicted, after a jury trial, of: (1) conspiracy to possess less than 50 kilograms of marijuana with intent to distribute in violation of 21 U.S.C. �� 841(a)(1), (b)(1)(D), 846; (2) possession with intent to distribute less than 50 kilograms of marijuana in violation of 21 U.S.C. �� 841(a)(1), (b)(1)(D); and (3) possession of approximately 5 grams of cocaine in violation of 21 U.S.C. � 844(a). Ibarra’s conviction was based on evidence collected pursuant to a consent search of her domicile. Ibarra was living in a condominium which she shared with her brother, Orlando, and with her other brother, Andres’s, girlfriend and son. The search was initiated to discover whether Andres Ibarra, a fugitive, was hiding in the residence. While searching for Andres, the officers discovered a sizable arsenal that included: (1) a Remington 522 Viper .22 caliber semiautomatic rifle with silencer; (2) a Mossberg Model 500A 12-gauge pump-action shotgun with pistol grip; (3) a Norinco MHM 90 machine gun modified for full auto function and with a shortened barrel; (4) a Norinco SKS semiautomatic rifle with folding bayonet; (5) a Colt Sporter Competition H-2 semiautomatic rifle; (6) a semiautomatic pistol; (7) a Colt AR-15 nine millimeter carbine with shortened barrel and muzzle attachment; (8) a Bushmaster Model XM-15E2S with a full auto modification, found in the Appellant’s room between the box spring and the mattress; (9) a magazine for this weapon, located in the Appellant’s dresser; and (10) five or six banana clips, found in a bandolier behind the Appellant’s dresser.
A canine unit (trained to detect humans as well as drugs) revealed the following narcotics and related materials: (1) marijuana stems or seeds in the toilet of the downstairs bathroom; (2) a small plastic bag containing marijuana, found in the Appellant’s dresser; (3) three half-smoked marijuana cigarettes; (4) a plastic bag with a folded dollar bill coated with cocaine; (5) a similar folded dollar bill coated with cocaine; (6) a plastic cup containing cocaine; (7) two large bundles of marijuana, found in the garage; (8) rolls of plastic wrap, scales and grease canisters; (9) over $5,000 cash found on the Appellant’s bed; and (10) two stolen police radios. The Appellant gave different stories as to where the money came from claiming it was from a paycheck but later claiming it was from collecting on an insurance policy. The Appellant also volunteered that the cocaine found was for her personal use as a “recreational user.”
