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U.S. v. DAVIS

No. 01-10739.

332 F.3d 1163 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Damen Anthony DAVIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2003.

Attorney(s) appearing for the Case

Michael K. Powell, Assistant Federal Public Defender, Reno, NV, for the defendant-appellant.

Ronald C. Rachow, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee.

Before: KOZINSKI and KLEINFELD, Circuit Judges, and KARLTON, District Judge.

Opinion by Judge KARLTON; Opinion concurring in part and dissenting in part by Judge KLEINFELD.

OPINION

KARLTON, District Judge:

Damen Anthony Davis appeals the denial of his motion to suppress as evidence a shotgun and the statements he made following the search that led to its discovery. We conclude that the motion should have been granted and thus reverse the contrary orders of the district court.

FACTS

In February 2000, the...

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