U.S. v. BERRY

No. 88-5542.

866 F.2d 887 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip BERRY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 1, 1989.


Attorney(s) appearing for the Case

Joe B. Brown and Jimmie Lynn Ramsaur Asst. U.S. Attys., William Cohen, Asst. U.S. Atty. (argued), Nashville, Tenn., for U.S.

John S. Colley, III (argued), Columbia, Tenn., for Phillip Berry.

Before WELLFORD and BOGGS, Circuit Judges, and SIMPSON, District Judge.


WELLFORD, Circuit Judge.

Defendant, Phillip Berry, was convicted of driving under the influence of alcohol while driving on the Natchez Trace Parkway in Tennessee. He claims that blood test results obtained at the direction of a federal park officer while he was unconscious should have been excluded from evidence because applicable state law would exclude this evidence. Alternatively, he argues that the evidence was obtained in violation of the fourth amendment. The...

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