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U.S. v. JOHNSON

No. 99-30012.

256 F.3d 895 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Michael JOHNSON Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 20, 2001.

Attorney(s) appearing for the Case

Michael Filipovic, Assistant Federal Public Defender, Seattle, Washington, argued the cause and submitted a brief for the appellant.

Bruce F. Miyake, Assistant United States Attorney, Seattle, Washington, argued the cause and submitted a brief for the appellee.

Before: MARY M. SCHROEDER, Chief Judge, and HARRY PREGERSON, WARREN J. FERGUSON, ALEX KOZINSKI, STEPHEN S. TROTT, THOMAS G. NELSON, A. WALLACE TASHIMA, BARRY G. SILVERMAN, RONALD M. GOULD, RICHARD A. PAEZ and MARSHA S. BERZON, Circuit Judges.

Argued and Submitted December 18, 2000, San Francisco, California.

Opinion by Judge FERGUSON; Opinion by Judge KOZINSKI; Concurrence by Judge TASHIMA; Concurrence by Judge RONALD M. GOULD; Concurrence by Judge PAEZ.

PER CURIAM.

A majority of the en banc court (Judge Ferguson, joined by Chief Judge Schroeder and Judges Pregerson, Tashima, Paez and Berzon) concludes that the officers did not have probable cause to enter Johnson's

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