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U.S. v. PERKINS

No. 03-4008.

363 F.3d 317 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. John Michael PERKINS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 7, 2004.

Attorney(s) appearing for the Case

ARGUED: Jonathan David Byrne, Legal Research and Writing Specialist, Charleston, West Virginia, for Appellant. Karen B. George, Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger, Federal Public Defender, George H. Lancaster, Jr., Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Kasey Warner, United States Attorney, Joshua C. Hanks, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Judge SHEDD joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge:

Appellant John Michael Perkins was stopped in his vehicle by police officers in St. Albans, West Virginia on May 5, 2002. As they approached the vehicle, one of the officers observed a rifle lying in the back seat of Perkins' car. After Perkins volunteered that he had a...

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