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U.S. v. DEQUASIE

No. 03-4280.

373 F.3d 509 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Timothy DEQUASIE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2004.

Attorney(s) appearing for the Case

ARGUED: Joshua Clarke Hanks, Assistant United States Attorney, Charleston, West Virginia, for Appellant. Silas Mason Preston, Preston & Weese, L.C., Lewisburg, West Virginia, for Appellee. ON BRIEF: Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellant.

Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.

Reversed and remanded by published opinion. Judge SHEDD wrote the majority opinion, in which Judge WILLIAMS Joined. Judge DIANA GRIBBON MOTZ wrote a dissenting opinion.

OPINION

SHEDD, Circuit Judge:

During the late evening and early morning hours of March 18-19, 2002, law enforcement officers executed two search warrants at the Summerlee, West Virginia, residence of Timothy DeQuasie. The purpose of the first...

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