UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-4057 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FILIBERTO GOMEZ-ZUNUN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Richard Mark Gergel, District Judge. (2:17-cr-00543-RMG-1) Submitted: October 10, 2018 Decided: October 22, 2018 Before NIEMEYER, KEENAN, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Emily Deck Harrill, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbia, South Carolina, for Appellant. Sherri A. Lydon, United States Attorney, Columbia, South Carolina, Nick Bianchi, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Filiberto Gomez-Zunun pled guilty, pursuant to a written plea agreement, to entering and being found in the United States after having been previously removed, in violation of 8 U.S.C. § 1326(a) (2012), and possession of a firearm and ammunition by an alien unlawfully present in the United States, in violation of 18 U.S.C. § 922(g)(5) (2012). Gomez-Zunun reserved the right to appeal the district court’s order denying his motion to suppress the firearm and ammunition seized by law enforcement officers during a warrantless search of his residence on April 25, 2017. On appeal, Gomez-Zunun argues that the officers’ entry onto his property violated his Fourth Amendment rights and that his wife did not voluntarily consent to the search. We affirm. “When reviewing a district court’s ruling on a motion to suppress, we review factual findings for clear error and legal determinations de novo.” United States v. Lull, 824 F.3d 109, 114 (4th Cir. 2016) (internal quotation marks omitted). “[W]e must construe the evidence in the light most favorable to the prevailing party and give due weight to inferences drawn from those facts by resident judges and law enforcement officers.” Id. at 114-15 (internal quotation marks omitted). “When reviewing factual findings for clear error, we particularly defer to a district court’s credibility determinations, for it is the role of the district court to observe witnesses and weigh their credibility during a pre-trial motion to suppress.” United States v. Palmer, 820 F.3d 640, 653 (4th Cir. 2016) (brackets and internal quotation marks omitted). The testimony at the suppression hearing established that four Immigration and Customs Enforcement agents and several Berkeley County’s Sheriff’s deputies went to 2 Gomez-Zunun’s home at approximately 6:15 a.m. on April 25, 2017, after receiving information that he was in the country illegally and possibly possessed firearms. It was dark outside when the agents arrived, and the lights were off in the residence. The agents wore jeans, t-shirts, bulletproof vests, and side arms. Two agents climbed the front steps and knocked on the front door several times. Gomez-Zunun’s wife Sherry Zunun eventually came to the door, and the agents asked her if they could come inside. They did not tell her why they were there or that she had the right to refuse their request. Ms. Zunun ...
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