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U.S. v. MARTIN

No. 09-3310.

613 F.3d 1295 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Michael L. MARTIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 30, 2010.

Attorney(s) appearing for the Case

Ronald E. Wurtz, Assistant Federal Public Defender (Cyd Gilman, Federal Public Defender, with him on the briefs), Topeka, KS, for Defendant-Appellant.

Jared S. Maag, Special Assistant United States Attorney (Lanny D. Welch, United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.

Before O'BRIEN, Circuit Judge, BRORBY, Senior Circuit Judge, and GORSUCH, Circuit Judge.

GORSUCH, Circuit Judge.

Confronted at the entryway of his apartment building by officers who suspected him of a shooting earlier in the day, Michael Martin was arrested, searched, and found carrying a gun. Charged with being a felon unlawfully in possession of a firearm, Mr. Martin moved to suppress evidence about the weapon from his anticipated trial, claiming his seizure and subsequent search violated the Fourth Amendment. The district court denied the motion, and...

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