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U.S. v. ROARK

No. 92-5210.

36 F.3d 14 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Smith ROARK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 5, 1994.

Attorney(s) appearing for the Case

James E. Arehart, Asst. U.S. Atty., Karen K. Caldwell, U.S. Atty., Mark A. Wohlander, Asst. U.S. Atty. (briefed), Lexington, KY, Jacquelyn A. Jess, Asst. U.S. Atty., Covington, KY (argued), for plaintiff-appellee.

Teresa G.C. Reed, Gullett, Combs & Branham, Hazard, KY (argued and briefed), for defendant-appellant.

Before: LIVELY, JONES, and MILBURN, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

Defendant-Appellant Smith Roark appeals the district court's denial of his motion to suppress marijuana plants and firearms that were seized following a warrantless entry into his home. For the reasons stated herein, we reverse the district court's denial of Roark's motion to suppress, and remand the case to the district court for further proceedings in accordance with this decision.

I.

On September 4, 1991, the...

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