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U.S. v. BAKER

No. 95-5287.

78 F.3d 135 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony Marcellus BAKER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1996.

Attorney(s) appearing for the Case

ARGUED: Sandra Lee Wilkinson, Assistant United States Attorney, Greenbelt, Maryland, for Appellant. Robert W. Mance, III, Washington, D.C., for Appellee. ON BRIEF: Lynne A. Battaglia, United States Attorney, Greenbelt, Maryland, for Appellant.

Before WILKINS, LUTTIG, and MOTZ, Circuit Judges.

Reversed and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge MOTZ joined.

OPINION

WILKINS, Circuit Judge:

Anthony Marcellus Baker was indicted for possession of a firearm by a convicted felon in violation of 18 U.S.C.A. § 922(g) (West Supp.1995). Before trial, the district court granted his motion to suppress the firearm as evidence on the basis that its seizure was the product of an unreasonable...

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