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U.S. v. WARE

No. 01-6031.

338 F.3d 476 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Eulric WARE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 30, 2003.

Petition for Rehearing and Rehearing Denied June 26, 2003.

Attorney(s) appearing for the Case

ARGUED: Terry M. Cushing, ASSISTANT UNITED STATES ATTORNEY, Louisville, Kentucky, for Appellant.

Stephen H. Miller, FORE, MILLER & SCHWARTZ, Louisville, Kentucky, for Appellee.

ON BRIEF: Terry M. Cushing, Monica Wheatley, ASSISTANT UNITED STATES ATTORNEYS, Louisville, Kentucky, for Appellant.

Stephen H. Miller, FORE, MILLER & SCHWARTZ, Louisville, Kentucky, for Appellee.

Before: NORRIS and GILMAN, Circuit Judges; McKEAGUE, District Judge.

Petition for Rehearing and Rehearing En Banc Denied June 26, 2003.

Pursuant to Sixth Circuit Rule 206

OPINION

DAVID W. McKEAGUE, District Judge.

A grand jury indicted Eulric Ware for knowingly and intentionally attempting to possess cocaine in violation of 21 U.S.C. § 812. On Ware's motion and after a suppression hearing, the district court issued an order suppressing (1) defendant's post-custodial inculpatory statements to police, and...

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