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U.S. v. CORNELIUS

Nos. 04-1390, 04-1391.

391 F.3d 965 (2004)

UNITED STATES of America, Appellee, v. Sylvester CORNELIUS, Appellant. United States of America, Appellant, v. Sylvester CORNELIUS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 14, 2004.

Attorney(s) appearing for the Case

Bruce W. Simon, argued, Kansas City, Missouri, for appellant.

Paul S. Becker, argued, Asst. U.S. Attorney, Kansas City, Missouri (Linda S. Sybrant, Asst. U.S. Attorney on the brief), for appellee.

Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and SMITH, Circuit Judges.

WOLLMAN, Circuit Judge.

Sylvester Cornelius pleaded guilty to being a felon in possession of a firearm, a violation of 18 U.S.C. § 922(g)(1). He appeals from the district court's denial of his suppression motion. The government cross-appeals from the district court's sentencing determination. We affirm the denial of the suppression motion and reverse as to the sentencing determination.

I.

Kansas City Police Officers Vernon Huth and Randy Evans...

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