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U.S. v. MONTGOMERY

No. 02-4234.

377 F.3d 582 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Craig MONTGOMERY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 27, 2004.

Attorney(s) appearing for the Case

Timothy D. Oakley (argued and briefed), U.S. Attorney's Office Southern District of Ohio, Cincinnati, OH, for Plaintiff-Appellee.

Richard W. Smith-Monahan (argued and briefed), Office of the Federal Public Defender Southern District of Ohio, Cincinnati, OH, for Defendant-Appellant.

Before: BOGGS, Chief Judge; KENNEDY, Circuit Judge; RUSSELL, District Judge.

OPINION

KENNEDY, Circuit Judge.

Defendant Craig Montgomery ("defendant") appeals the district court's denial of his motion to suppress the crack cocaine that law enforcement officers seized during a search of his person, following a traffic stop of the vehicle in which he was a passenger. Preserving his right to appeal the validity of that search, defendant pleaded guilty to one count of possession with the intent to distribute over five grams of crack cocaine...

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