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U.S. v. FOREMAN

No. 03-4375.

369 F.3d 776 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Ronald Cortez FOREMAN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 4, 2004.

Attorney(s) appearing for the Case

Brian Lee Whisler, Assistant United States Attorney, Norfolk, VA, for Appellant.

Walter Bruce Dalton, Assistant Federal Public Defender, Norfolk, VA, for Appellee.

Paul J. McNulty, United States Attorney, Norfolk, VA, for Appellant.

Frank W. Dunham, Jr., Federal Public Defender, Frances H. Pratt, Research and Writing Attorney, Norfolk, VA, for Appellee.

Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Vacated and remanded with instructions by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge LUTTIG joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.

HAMILTON, Senior Circuit Judge.

The United States appeals from a district court order granting Ronald Cortez Foreman's motion to suppress evidence seized following the search of his Mercury Moutaineer on...

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