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U.S. v. JACKSON

No. 97-4285.

131 F.3d 1105 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Derrick JACKSON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 19, 1997.

Attorney(s) appearing for the Case

ARGUED: Clarke Francis Ahlers, Columbia, MD, for Appellee. ON BRIEF: Lynne A. Battaglia, United States Attorney, Jamie M. Bennett, Assistant United States Attorney, Baltimore, MD, for Appellant.

Before NIEMEYER and HAMILTON, Circuit Judges, and BOYLE, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge HAMILTON and Chief Judge BOYLE joined.

OPINION

NIEMEYER, Circuit Judge:

Following Derrick Jackson's indictment for drug and gun violations, the district court granted Jackson's motion to suppress critical evidence seized from his residence and automobile. The evidence was seized pursuant to a search warrant obtained on the basis of drug paraphernalia observed...

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