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U.S. v. JOHNSON

No. 03-2153.

364 F.3d 1185 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond JOHNSON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 15, 2004.

Attorney(s) appearing for the Case

Laura Fashing, Assistant U.S. Attorney (David C. Iglesias, U.S. Attorney, with her on the brief) Albuquerque, NM, for Plaintiff-Appellant.

Richard Winterbottom, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellee.

Before TYMKOVICH and McWILLIAMS, Circuit Judges, and PAYNE, Chief District Judge.

TYMKOVICH, Circuit Judge.

The United States appeals from a district court order granting defendant Raymond Johnson's motion to suppress a pistol seized from him by an Albuquerque police officer. We exercise jurisdiction pursuant to 18 U.S.C. § 3731 and 28 U.S.C. § 1291, reverse the district court's order, and remand for further proceedings.

Background

On October 24, 2002, Albuquerque Police ("APD") received a call from a citizen...

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