U.S. v. BISHOP

No. 02-5176.

338 F.3d 623 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Wesley Dale BISHOP, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 1, 2003.


Attorney(s) appearing for the Case

ARGUED: Guy W. Blackwell (argued and briefed), ASSISTANT UNITED STATES ATTORNEY, Greeneville, TN, for Plaintiff-Appellant.

Nikki C. Pierce (argued and briefed), FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, Greeneville, TN, for Defendant-Appellee.

ON BRIEF: Guy W. Blackwell, ASSISTANT UNITED STATES ATTORNEY, Greenville, Tennessee, for Appellant.

Nikki C. Pierce, FEDERAL DEFENDER SERVICES, Greeneville, Tennessee, for Appellee.

Before: KENNEDY and COLE, Circuit Judges; WILLIAMS, District Judge.


Pursuant to Sixth Circuit Rule 206

OPINION

KENNEDY, Circuit Judge.

United States of America appeals the district court's grant of Wesley Bishop's motion to suppress a handgun seized by a deputy sheriff from an unattended automobile parked on private property. The gun provides the basis for a felon in possession charge. We REVERSE the decision of the district court for the following reasons.

I.

On August 22, 1999, at...

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