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U.S. v. KING

Nos. 96-3075, 96-3584 and 96-3666.

127 F.3d 483 (1997)

UNITED STATES of America, Plaintiff-Appellant, Plaintiff-Appellee/Cross-Appellant, v. Kenneth KING; Kewin King, Defendants-Appellees, Kewin King, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 25, 1997.

Attorney(s) appearing for the Case

David A. Sierleja (argued and briefed), Office of the U.S. Attorney, Cleveland, OH, for Plaintiff-Appellant in 96-3075, Plaintiff-Appellee/Cross-Appellant in 96-3584, 96-3666.

James R. Willis (briefed), Willis, Blackwell & Rogers, Cleveland, OH, Donald J. O'Connor (argued and briefed), Cleveland, OH, for Defendant-Appellee Kenneth King in 96-3075.

David C. Jack (argued and briefed), Sremack & Jack, Akron, OH, for Defendant-Appellant/Cross-Appellee Kewin King in 96-3584, 96-3666.

David L. Grant (briefed), Grant & O'Malley, Cleveland, OH, for Defendant-Appellee Kewin King in 96-3075.

Before: MARTIN, Chief Judge; RYAN and BATCHELDER, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which RYAN, J., joined. BOYCE F. MARTIN, Jr., C.J. (pp. 490-491), delivered a separate dissenting opinion.

BATCHELDER, Circuit Judge.

The government appeals the district court's order suppressing 443 grams of cocaine base that police seized from the basement of the two-family dwelling unit in which defendants Kenneth and Kewin King lived. Kewin King appeals his...

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