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192823P.pdf   12/29/2020  United States  v.  Kelvin Baez
   U.S. Court of Appeals Case No:  19-2823
   U.S. District Court for the District of Minnesota   
[PUBLISHED] [Gruender, Author, with Chief Judge Smith and Loken, Circuit Judges] Criminal Case - Conviction and Sentence. After officers were granted consent to enter and search hotel suite, officers proceeded through open door to back room. Dogs alerted to locked armoire and car flashed its lights when officers pressed car keys. Drugs found in back room and under sink. Baez was arrested. After a search warrant was obtained, drugs and firearms were found in armoire and in safe in the car. Coconspirator's motion to suppress evidence was denied. Baez's motion to suppress evidence found in back room, in safe in car, and incriminating statements were denied. Following jury conviction and 168-month sentence, Baez appeals. For complete discussion of the independent source and inevitable-discovery doctrines; evidence found under the sink, in the armoire, and in the safe in the Equinox was admissible. As for Baez's incriminating statements, Maryland v. Pringle holding is hereby extended to hotel suites and police had probable cause to believe everyone in hotel suite was involved in drug trafficking, Baez's arrest was lawful, and the district court did not err in denying motion to suppress his incriminating statements made while in custody. Baez's innocent-intent jury instruction misstated the law and his intent to assist law enforcement does not negate his mens rea. The district court did not abuse its discretion in excluding evidence relating to his innocent-intent theory, as evidence was irrelevant and was otherwise confusing. District court did not abuse its discretion in denying motion to compel disclosure of Brady material after in camera review, as it was not exculpatory and did not tend to impeach government witness. Sentence that was varied downward by fifty percent was not unreasonable. Judge Loken concurs in judgment and joins in opinion except section 11.A.2.