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U.S. v. PAYNE

No. 98-5197.

181 F.3d 781 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Scott PAYNE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 22, 1999.

Rehearing Denied August 17, 1999.

Attorney(s) appearing for the Case

James A. Earhart, Asst. U.S. Atty. (briefed), Terry M. Cushing (argued and briefed), Office of the U.S. Attorney, Louisville, Kentucky, for Appellee.

Scott C. Cox, Louisville, Kentucky, for Appellant. Scott C. Cox (argued and briefed), Louisville, Kentucky, for Appellant.

Scott N. Payne, pro se.

Before: KENNEDY, SILER, and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which SILER, J., joined. KENNEDY, J. (pp. 791-94), delivered a separate dissenting opinion.

KAREN NELSON MOORE, Circuit Judge.

Scott Payne appeals his convictions for possession of marijuana and illegal possession of a firearm. The incriminating items were found by parole officers who, after arresting Payne for parole violations, performed what they called a "plain-view search" of Payne's home and vehicle....

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