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U.S. v. MADDOX

No. 03-2311.

388 F.3d 1356 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Brian MADDOX, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 15, 2004.

Attorney(s) appearing for the Case

Alonzo J. Padilla, Assistant Federal Public Defender, Albuquerque, NM, appearing for Appellant.

Norman Cairns, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Office of the United States Attorney, Albuquerque, NM, appearing for Appellee.

Before TACHA, Chief Circuit Judge, HOLLOWAY and LUCERO, Circuit Judges.

TACHA, Chief Circuit Judge.

Defendant-Appellant Brian Maddox pleaded guilty to one count of being a felon in possession of a firearm. A sheriff's deputy initially detained Mr. Maddox as an adjunct to a lawful in-house arrest of a third party. At the conclusion of this half-hour detention, a deputy asked Mr. Maddox if he was armed. When Mr. Maddox replied that he was, the deputy seized a gun and narcotics. On appeal, Mr. Maddox challenges the District Court's denial...

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