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U.S. v. WEIDUL

No. 02-2135.

325 F.3d 50 (2003)

UNITED STATES, Appellant, v. Ernest B. WEIDUL, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 31, 2003.

Attorney(s) appearing for the Case

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, were on brief for appellant.

David R. Beneman with whom Levenson, Vickerson & Beneman was on brief for appellee.

Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and HOWARD, Circuit Judge.

BOWNES, Senior Circuit Judge.

The defendant-appellee, Ernest Weidul ("Weidul"), was charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The police found the firearm after conducting a warrantless search of the home of Trisha Malloch ("Malloch"), Weidul's fiancee. Weidul moved to suppress the firearm. A Magistrate Judge found that Malloch did not voluntarily consent to the search of her home and recommended that Weidul's motion...

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