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U.S. v. HOWARD

No. 91-2919.

961 F.2d 1265 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Clarence J. HOWARD, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 14, 1992.

Attorney(s) appearing for the Case

Mel S. Johnson, Asst. U.S. Atty., Milwaukee, Wis. (argued), for plaintiff-appellee.

Christopher Lowe, Milwaukee, Wis. (argued), for defendant-appellant.

Before CUDAHY, and RIPPLE, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

RIPPLE, Circuit Judge.

Clarence J. Howard was charged with possession of cocaine with intent to distribute, in violation of 18 U.S.C. § 924(c). He filed a pre-trial motion to suppress evidence obtained in a search of his apartment and statements made after the search on the ground that the search was conducted after agents had not complied with 18 U.S.C. § 3109's "knock and announce" requirement. The district court denied Mr. Howard's motion on the ground...

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