U.S. v. FENNELL

No. 93-3064.

53 F.3d 1296 (1995)

UNITED STATES of America, Appellee, v. Sean M. FENNELL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 1995.

Order on Petition for Rehearing July 17, 1995.


Attorney(s) appearing for the Case

A.J. Kramer, Federal Public Defender, Washington, DC, argued the cause and filed the briefs, for appellant. William G. Spencer, Washington, DC, entered an appearance.

Glenn L. Kirschner, Asst. U.S. Atty., Washington, DC, argued pro hac vice, for appellee. On the brief for appellee were Eric H. Holder, Jr., U.S. Atty., John R. Fisher and Thomas J. Tourish, Jr., Asst. U.S. Attys., Washington, DC.

Before WALD, SILBERMAN and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

On the evening of August 28, 1992, District of Columbia Metropolitan Police Department officers executed a search warrant for the two ground floor apartments of a four-unit apartment building in Northeast Washington. The police testified that they knocked, announced their presence, received no response, and began using a battering ram repeatedly on the outside door. Over two minutes...

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