United States of America v. Juan A. Otero, III

Akron, Ohio, criminal defense lawyer represented the Defendant charged with ne count of felon-in-possession of a firearm, see 18 U.S.C. § 922(g)(1), and three counts of possessing with the intent to distribute a controlled substance, see 21 U.S.C. § 841(a)(1), (b)(1).



On two separate occasions, police officers waited for Juan Otero to leave a residence, pulled him over nearby during a traffic stop, and brought him back to the residence. Once back, officers executed a search warrant of the residence

and interviewed Otero. Otero then made incriminating statements—some of which were not Mirandized: during the first search, Otero said that a gun in the master bedroom belonged to him; during the second search, he said that the drugs stashed in the backyard were given to him to sell. A grand jury indicted Otero with one count of felon-in-possession of a firearm, see 18 U.S.C. § 922(g)(1), and three counts of possessing with the intent to distribute a controlled substance, see 21 U.S.C. § 841(a)(1), (b)(1). Before trial, Otero moved to suppress the statements made during the second search, arguing that the interview did not occur and that the police report recording the interview was unreliable. He did not seek to suppress the statements made during the first search. The district court denied the motion, finding that Otero's motion raised a credibility issue, not a suppression issue, that should be decided by the jury at trial.

The jury then found Otero guilty of all the charges.



Custody of the Bureau of Prisons for a term of 300 months on each of Counts 1 and 2, and 240 months in Count 3 in, all such terms to run concurrently to each other and Case No. 5:21-cr-00710-PAB-1. Supervised Release for a term of 5 years, with conditions; Fine waived; Special Assessment $100.



Affirmed