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U.S. v. HOLMES

No. 04-3026.

387 F.3d 903 (2004)

UNITED STATES of America, Appellant, v. Edward N. HOLMES, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 5, 2004.

Rehearing Denied December 13, 2004.

Attorney(s) appearing for the Case

John P. Gidez, Assistant U.S. Attorney, argued the cause for appellant. With him on the briefs were Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher and Elizabeth Trosman, Assistant U.S. Attorneys.

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellee. With her on the brief was A.J. Kramer, Federal Public Defender. Mary M. Petras, Assistant Federal Public Defender, entered an appearance.

Before: ROGERS, TATEL, and GARLAND, Circuit Judges.

Rehearing En Banc Denied December 13, 2004.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The government appeals the district court's suppression of evidence the police discovered during a search that, according to the district court, ran afoul of the federal knock and announce statute. The district court, however, failed to make a finding on a critical issue, i.e., whether the police announced "warrant" before entering...

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