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U.S. v. WHITE

No. 88-5772.

871 F.2d 41 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. James Allen WHITE, Jr., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 28, 1989.

Attorney(s) appearing for the Case

William T. Warren, III, Asst. U.S. Atty. (argued), Nashville, Tenn., for plaintiff-appellant.

Sumter L. Camp, Asst. Federal Public Defender (argued), Nashville, Tenn., for defendant-appellee.

Before KRUPANSKY and BOGGS, Circuit Judges, and EDWARDS, Senior Circuit Judge.

BOGGS, Circuit Judge.

The government appeals the decision of the district court granting White's motion to suppress evidence of a firearm in the course of prosecution of White for possession of a firearm by a convicted felon. We reverse, finding that the search was a valid search incident to White's arrest.

I

The facts underlying the charges against White are as follows. White was operating his automobile southbound on Dickerson Road, a four-lane...

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