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U.S. v. FISHER

No. 03-3337.

364 F.3d 970 (2004)

UNITED STATES of America, Appellee, v. Duane Frederick FISHER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 22, 2004.

Attorney(s) appearing for the Case

Gary R. Bryant-Wolf, argued, Minneapolis, MN, for appellant.

Clifford B. Wardlaw, argued, Asst. U.S. Attorney, Minneapolis, MN, for appellee.

Before WOLLMAN, HANSEN, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Duane Frederick Fisher was charged with unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Fisher was stopped by police after a citizen reported to officers that a man matching Fisher's description had threatened him with a gun. Fisher moved to suppress evidence obtained during the stop on the ground that the encounter constituted an arrest without probable cause. After the district court1

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