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U.S. v. TULEY

No. 98-2224.

161 F.3d 513 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Mark E. TULEY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 12, 1998.

Rehearing Denied January 15, 1999.

Attorney(s) appearing for the Case

Shannon P. O'Connor, Assistant Federal Public Defender, Omaha, Nebraska, argued, for Appellant.

Maria R. Moran, Assistant U.S. Attorney, Omaha, Nebraska, argued, for Appellee.

Before McMILLIAN, JOHN R. GIBSON, and HANSEN, Circuit Judges.

PER CURIAM.

Mark Tuley was detained by Franklin, Nebraska, Police Officer Kirk Rust early one morning after Rust blocked Tuley's vehicle in order to investigate Tuley's purpose for being at a closed gas station. Tuley moved to suppress evidence obtained from his person and his vehicle, and statements made subsequent to his arrest, which led to Tuley's conviction for possession with intent to distribute methamphetamine, arguing the stop violated the Fourth Amendment...

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