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U.S. v. DeBERRY

No. 95-2232.

76 F.3d 884 (1996)

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

United States Court of Appeals, Seventh Circuit.

Decided February 22, 1996.

Attorney(s) appearing for the Case

Colin S. Bruce (argued), Office of the United States Attorney, Urbana Division, Urbana, IL, for Plaintiff-Appellee.

Gregory D. Fombelle (argued), Burger, Fombelle, Zachry & Rathbun, Decatur, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and ESCHBACH and DIANE P. WOOD, Circuit Judges.

POSNER, Chief Judge.

The defendant was sentenced to 57 months in prison for being a felon in possession of a gun in violation of 18 U.S.C. § 922(g)(1). He claims that the gun was seized in violation of the Fourth Amendment and should therefore not have been used as evidence (the essential evidence) against him. The seizure came about in the following way. One afternoon a uniformed police officer on patrol in his car in Decatur, Illinois received a message from...

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