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U.S. v. LEGG

No. 93-5262.

18 F.3d 240 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey S. LEGG, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1994.

Attorney(s) appearing for the Case

ARGUED: Hunt Lee Charach, Federal Public Defender, Charleston, West Virginia, for Appellant. Kelly D. Ambrose, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: George H. Lancaster, Jr., Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Michael W. Carey, United States Attorney, Charleston, West Virginia, for Appellee.

Before WILKINS and LUTTIG, Circuit Judges, and SPROUSE, Senior Circuit Judge.

OPINION

WILKINS, Circuit Judge:

Jeffrey S. Legg was indicted for possession of a firearm with an obliterated serial number. See 18 U.S.C.A. §§ 922(k), 924(a)(1)(B) (West Supp.1993). The district court denied Legg's motion to suppress the firearm, concluding that there was a substantial basis to support the magistrate's determination that probable cause existed for the issuance of a warrant to search his apartment, or, in the alternative...

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