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U.S. v. SIMMONS

No. 91-5202.

961 F.2d 183 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Allen SIMMONS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 14, 1992.

Attorney(s) appearing for the Case

Kenneth M. Swartz, Brenda G. Bryn, Asst. Federal Public Defenders, Miami, Fla., for defendant-appellant.

Linda Collins Hertz, Kathleen M. Salyer, Edward R. Ryan, Asst. U.S. Attys., for plaintiff-appellee.

Before HATCHETT, Circuit Judge, JOHNSON and HENDERSON, Senior Circuit Judges.

PER CURIAM:

This case arises on appeal following the conviction and sentencing of defendant-appellant Steven Allen Simmons.

I. STATEMENT OF THE CASE

On October 31, 1989, City of Miami Police Officer Kelvin Knowles apprehended Steven Allen Simmons, whom Knowles had earlier observed clutching a brown paper bag. Knowles examined the bag and discovered that it contained a loaded firearm. After Knowles advised Simmons of his Miranda rights, Simmons...

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