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U.S. v. SIMMONS

No. 98-2295.

172 F.3d 775 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Bobby Gene SIMMONS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 14, 1999.

Attorney(s) appearing for the Case

Ronald J. Tenpas, David Rhodes, Assistant U.S. Attorneys, Tampa, FL, for Plaintiff-Appellant.

Donald E. Horrox, Assistant Federal Public Defender, Tampa, FL, for Defendant-Appellee.

Before HATCHETT, Chief Judge, MARCUS, Circuit Judge, and KRAVITCH, Senior Circuit Judge.

MARCUS, Circuit Judge:

A federal grand jury indicted Bobby Gene Simmons on charges of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g), possession of cocaine with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1), and carrying a firearm during and in relation to a drug offense, in violation of 18 U.S.C. § 924(c)(1). Simmons moved to suppress some thirty bags of cocaine and a firearm, both of which police...

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