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U.S. v. ELMORE

No. 01-4334.

304 F.3d 557 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. N'Kenley Allen ELMORE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 17, 2002.

Attorney(s) appearing for the Case

Louis M. Fischer (argued and briefed), U.S. Department of Justice, Criminal Division, Washington, DC, for Plaintiff-Appellant.

Keith E. Golden (argued and briefed), Golden & Meizlish Co., LPA, Columbus, OH, for Defendant-Appellee.

Before: SUHRHEINRICH and BATCHELDER, Circuit Judges; LITTLE, District Judge.

OPINION

BATCHELDER, Circuit Judge.

The United States appeals the district court's order granting N'Kenley Elmore's ("Elmore") motion to suppress the evidence obtained by law enforcement officers during a search of a car that he did not own and in which he was neither the driver nor a passenger. Elmore was charged, along with his cousin Orlando Elmore ("Orlando") — the driver of the car — and Tyron Maynus — the passenger — with...

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