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U.S. v. VALENTINE

No. 00-1425.

232 F.3d 350 (2000)

UNITED STATES of America, Appellant, v. Larry VALENTINE, a/k/a Hassan Deloatch, a/k/a Hassan Deloach, a/k/a Shawn Valentine.

United States Court of Appeals, Third Circuit.

Filed November 2, 2000.

Attorney(s) appearing for the Case

George S. Leone, Esq. Michael F. Buchanan, Esq. (Argued), Office of the United States Attorney, 970 Broad Street, Rm. 700 Newark, N.J. 07102, Counsel for Appellant.

Kevin F. Carlucci, Esq. (Argued), Office of the Federal Public Defender, 972 Broad Street Newark, N.J. 07102, Counsel for Appellee.

BEFORE: NYGAARD, GREENBERG and COWEN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge:

After receiving a tip from an informant, two officers stopped Larry Valentine on a city street late at night and discovered a gun. The gun was subsequently suppressed, however, when the government prosecuted Valentine for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and (2).

In suppressing the gun, the District Court reasoned that under Florida v. J.L.,

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