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U.S. v. SPRINKLE

No. 95-5441.

106 F.3d 613 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Carl SPRINKLE, a/k/a Carl Sprinkler, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 1997.

Attorney(s) appearing for the Case

ARGUED: Albert Peter Shahid, Jr., Assistant United States Attorney, Charleston, South Carolina, for Appellant. Ann Briks Walsh, Assistant Federal Public Defender, Charleston, South Carolina, for Appellee. ON BRIEF: J. Preston Strom, Jr., United States Attorney, Charleston, South Carolina, for Appellant.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Judge MICHAEL wrote the majority opinion, in which Judge MOTZ joined. Judge NIEMEYER wrote a separate concurring and dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

Carl Sprinkle was indicted for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The police discovered Sprinkle's gun during events immediately following an investigative stop. Sprinkle filed a motion to suppress the gun, arguing that the police...

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