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U.S. v. TOBIN

Nos. 87-6015, 88-5274.

923 F.2d 1506 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald TOBIN, Clifford Roger Ackerson, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Ronald TOBIN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 21, 1991.

Attorney(s) appearing for the Case

Samuel Burstyn, Robert F. Dunlap, Miami, Fla., for defendants-appellants.

Dexter W. Lehtinen, U.S. Atty., Edward C. Nucci, Linda Collins Hertz, Dawn Bowen, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges, and HENDERSON, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This case arises from the district court's denial of co-defendants Ronald Tobin's and Clifford Ackerson's motions to suppress evidence seized in a search of Ackerson's home, garage, and a station wagon parked in the garage. A panel of this Court reversed the district court's finding that the search was permissible under the Fourth Amendment and held that Ackerson's motion should have been granted. The panel, however, affirmed the district court...

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