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U.S. v. HENRY

Nos. 10-5201, 10-5219.

673 F.3d 285 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Kimberley HENRY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Edgar Henry, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 8, 2012.

Attorney(s) appearing for the Case

ARGUED: Brian Joseph Kornbrath , Office of the Federal Public Defender, Clarksburg, West Virginia, for Appellants. Shawn Angus Morgan , Office of the United States Attorney, Clarksburg, West Virginia, for Appellee. ON BRIEF: Charles T. Berry , Fairmont, West Virginia, for Appellant Edgar Henry. William J. Ihlenfeld, II , United States Attorney, Clarksburg, West Virginia, for Appellee.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge WILKINSON and Judge WYNN joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

Kimberley Henry and her husband Edgar Henry (collectively, the Henrys) were convicted in a jury trial of two offenses related to their conduct of growing marijuana at their home in a rural area of West Virginia. The Henrys raise three issues in this appeal: 1) whether a thermal-imaging search warrant that led to the seizure of marijuana on their property was valid; 2) whether the district court erred in excluding...

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