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U.S. v. GWINN

No. 99-1155.

191 F.3d 874 (1999)

UNITED STATES of America, Appellant, v. Ernest E. GWINN, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 15, 1999.

Attorney(s) appearing for the Case

Lajuana M. Counts, Kansas City, Missouri, argued (Stephen L. Hill, Jr., United States Attorney, on the brief), for Appellant.

Stephen Carl Moss, Kansas City, Missouri, argued (Raymond C. Conrad, Federal Public Defender, on the brief), for Appellee.

Before: WOLLMAN, Chief Judge, BEAM and MURPHY, Circuit Judges.

BEAM, Circuit Judge.

The United States appeals from an order of the district court1 adopting the report and recommendation of the magistrate judge granting Gwinn's motion to suppress evidence and statements as unlawfully obtained. We affirm.

I. BACKGROUND

On the morning of September 27, 1998, drug interdiction detectives Robert Delameter and Larry Ealy of the Kansas City, Missouri...

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