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U.S. v. SIMS

No. 01-4809.

296 F.3d 284 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Aubrey SIMS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 2002.

Attorney(s) appearing for the Case

ARGUED: Brian Joseph Kornbrath, Assistant Federal Public Defender, Charleston, West Virginia, for Defendant-Appellant. John Lanier File, Assistant United States Attorney, Charleston, West Virginia, for Plaintiff-Appellee. ON BRIEF: Mary Lou Newberger, Federal Public Defender, Charleston, West Virginia, for Defendant-Appellant. Kasey Warner, United States Attorney, Charleston, West Virginia, for Plaintiff-Appellee.

Before MOTZ and TRAXLER, Circuit Judges, and HILTON, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge TRAXLER and Chief Judge HILTON joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

A grand jury charged Eugene Aubrey Sims with being a felon in possession of a handgun, in violation of 18 U.S.C.A. §§ 922(g)(1) and 924(a)(2) (West 2000). After the district court denied Sims's motion to suppress evidence obtained in a police search, Sims entered a conditional...

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