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U.S. v. BERRYHILL

No. 02-5783.

352 F.3d 315 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua BERRYHILL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 11, 2003.

Petition for Rehearing Denied February 25, 2004.

Attorney(s) appearing for the Case

ARGUED: Lex A. Coleman, Johnson, Mulronny & Coleman, Chattanooga, Tennessee, for Appellant.

Paul W. Laymon, Jr., Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

ON BRIEF: Lex A. Coleman, Johnson, Mulronny & Coleman, Chattanooga, Tennessee, for Appellant.

Paul W. Laymon, Jr., Assistant United States Attorney, Chattanooga, Tennessee, for Appellant.

Before BOGGS, Chief Judge; NORRIS and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206.

Petition for Rehearing Denied En Banc: February 25, 2004.

OPINION

ALAN E. NORRIS, Circuit Judge.

Defendant Joshua Berryhill appeals the denial of his motion to suppress evidence seized from an apartment at which Berryhill was present. Berryhill had been invited to the apartment by a friend who was not the tenant. On appeal, he contends that the district court erred in finding that he had no legitimate expectation...

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