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U.S. v. BURTON

No. 01-6374.

334 F.3d 514 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight L. BURTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2003.

Rehearing and Suggestion for Rehearing Denied: August 26, 2003.

Attorney(s) appearing for the Case

Christopher E. Cotton (briefed), Assistant United States Attorney, Memphis, TN, Victor L. Ivy (argued), Assistant United States Attorney, Jackson, TN, for Plaintiff-Appellee.

Doris A. Randle-Holt (argued), M. Dianne Smothers (briefed), Asst. Federal Public Defender, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, TN, for Defendant-Appellant.

Before: KRUPANSKY, SILER, and GILMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied: August 26, 2003.

AMENDED OPINION

GILMAN, Circuit Judge.

A federal grand jury indicted Dwight L. Burton for possessing five grams or more of cocaine base with the intent to distribute, and for possessing a firearm both as a felon and in furtherance of drug trafficking. After the district court denied his motion to suppress the evidence obtained during a December 8, 2000 search of his person and...

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