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U.S. v. CLEMENS

No. 95-1360.

58 F.3d 318 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Michael A. CLEMENS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1995.

Attorney(s) appearing for the Case

Judith A. Stewart, Joshua J. Minkler (argued), Office of U.S. Atty., Indianapolis, IN, for plaintiff-appellee.

Kevin Scionti, Roberts & Bishop, Indianapolis, IN, Dale W. Arnett (argued), Winchester, IN, Henry Sheldon, Cincinnati, OH, for defendant-appellant.

Before CUMMINGS, CUDAHY and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

Michael A. Clemens (Clemens) pleaded guilty to possession and distribution of marijuana and use of a firearm during a drug trafficking crime in violation of 21 U.S.C. §§ 841(a)(1) & 846; 18 U.S.C. § 924(c)(1). He challenges his conviction on the grounds that evidence was illegally seized from his home. The district court found that the warrant authorizing the search of Clemens' residence was not tainted by an earlier warrantless...

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