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U.S. v. PATANE

No. 01-1503.

304 F.3d 1013 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Samuel Francis PATANE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 17, 2002.

Attorney(s) appearing for the Case

Joseph C. Wyderko, Attorney, Criminal Division, U.S. Department of Justice, Washington, D.C. (John W. Suthers, United States Attorney; Suneeta Hazra and Sean Connelly, Assistant United States Attorneys, Denver, CO, with him on the briefs), for Plaintiff-Appellant.

Jill M. Wichlens, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, CO, for Defendant Appellee.

Before EBEL, ANDERSON, and HENRY, Circuit Judges.

EBEL, Circuit Judge.

The Government appeals from the district court's order suppressing the physical evidence against Samuel Francis Patane on charges of gun possession by a felon. The district court based its suppression order on its conclusion that the evidence was insufficient to establish probable cause to arrest Patane. We conclude, contrary to the district court, that probable cause existed to arrest Patane. However, we affirm the district court's order on the...

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