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U.S. v. WALLEN

No. 03-10827.

388 F.3d 161 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Kenneth WALLEN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 11, 2004.

Attorney(s) appearing for the Case

Susan B. Cowper (argued), Dallas, TX, for Plaintiff-Appellant.

Raymond J. Rodgers (argued), Fort Worth, TX, for Defendant-Appellee.

Before SMITH, WIENER, and PICKERING, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Richard Wallen was charged with possession of two firearms that were not registered to him in the national registry, in violation of 26 U.S.C. § 5861(d). Alleging violation of his Fourth Amendment rights, he successfully moved to suppress evidence seized from his truck. The government takes an interlocutory appeal from the suppression order. Finding error, we reverse and remand.

I.

Wallen's vehicle was stopped...

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