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U.S. v. MARTIN

No. 00-6266.

289 F.3d 392 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Timothy MARTIN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 6, 2002.

Attorney(s) appearing for the Case

Charles P. Wisdom, Jr. (briefed), Asst. U.S. Attorney, Joseph L. Famularo, Office of the U.S. Attorney, Lexington, KY, Laura K. Voorhees (briefed), Asst. U.S. Attorney, Covington, KY, for Plaintiff-Appellant.

James Stephen Smith (briefed), Ziegler & Schneider, Covington, KY, Timothy Martin, Federal Correctional Institute, Beckley, WV, for Defendant-Appellee.

Before: MARTIN, Chief Circuit Judge; GILMAN, Circuit Judge; EDMUNDS, District Judge.

EDMUNDS, D.J., delivered the opinion of the court, in which GILMAN, J., joined. MARTIN, C.J. (pp. 400-02), delivered a separate dissenting opinion.

OPINION

EDMUNDS, District Judge.

The United States appeals the district court's ruling to suppress a handgun seized during a car stop. For the reasons stated below, this panel REVERSES and REMANDS.

I. BACKGROUND

On January 18, 1999 at...

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