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U.S. v. PEREZ

No. 04-4091.

393 F.3d 457 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Luis PEREZ, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Argued: October 1, 2004.

Decided: December 29, 2004.

Attorney(s) appearing for the Case

ARGUED: Joshua Clarke Hanks, Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellant. David Robert Bungard, Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellee. ON BRIEF: Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellant. Mary Lou Newberger, Federal Public Defender, Charleston, West Virginia, for Appellee.

Before WILKINS, Chief Judge, TRAXLER, Circuit Judge, and Roger W. TITUS, United States District Judge for the District of Maryland, sitting by designation.

Reversed by published opinion. Judge TRAXLER wrote the opinion, in which Chief Judge WILKINS and Judge Titus joined.

OPINION

TRAXLER, Circuit Judge:

Luis Perez was charged in a four-count indictment with narcotics and firearms offenses after law enforcement officers searched his home pursuant to an informant's tip. Perez filed a pretrial motion to suppress the evidence recovered in the search and his confession...

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